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Full text of "Minutes"

San Francisco Public Library 



GOVERNMENT INFORMATION <**£: 
8AN FRANCI8GO-PUBUC UBR** 1 

REFERENCE BOOK 

Not to be taken from the Library 




IS ?M 



AGM-1094;AGM-1100 



SAN FRANCISCO ARTS COMMISSION 



STREET ARTISTS PROGRAM COMMITTEE 



AGENDAS AND MINUTES 



1989-1992 



3 1223 06257 1246 
3 1223 06257 1238 




SP 



A70.7S 
I 



45 Hyde Street 

Suite 319 

San Francisco. CA 94 1 02 

415 558 3463 



STREET ARTISTS PROGRAM COMMITTEE 

May 24, 1989 

Main Library-Civic Center 

Lurie Room 

San Francisco, California 



MINUTES 



DOCUMENTS DEPT. 

JUN 6 1989 

GAN FKANUIfciCQ 



Commissioners present: Daniel Genera, Stanley Eichelbaum 
Commissioner Genera, Chair, called the meeting to order at 3-30 p.m. 



MAYOR 
Art Agnos 



COMMISSIONERS 

Robert F. LaRocca 
President 

Vernon Alley 

Nancy 8oas 

Stanley Eichelbaum 

Kim Fowler 

Daniel Genera 

Anne Healy 

John Kriken 

Amalia Mesa-Bains. Ph.D. 

Rai Y. Okamoto 

Dodie Rosekrans 

Barbara Sklar 



EX OFFICIO MEMBERS 

Presidents of the 
Fine Arts Museum 
Library Commission, 
Planning Commission. 
Recreation and Park 
Commission 



DIRECTOR 
Claire N. Isaacs 



PROGRAM DIRECTOR'S REPORT ON STREET ARTISTS PROGRAM BUDGET AND 
CERTIFICATE FEE FOR 1989-90 

Program Director Howard Lazar reported that last year's street 
artist certificate fee of $230 a year would be maintained for 
1989-90. This will allow the Arts Commission some flexibility 
in the number of artists certified and supporting the Program. 
While new artists are screened and certified each month, the 
$230 fee lessens the pressure on the Commission to replace those 
artists who drop out of the Program immediately with those who 
enter the Program. The fee was proposed last year by a petition 
of 87 street artists who expressed that, with fewer spaces in 
which to sell, they preferred to pay a higher fee (than that 
which was recommned by the Director) which would not require 
the maintenance of the present number of artists to support the 
Program and which would increase an artist's opportunity in 
the lotteries for sales spaces. It was calculated that, in 
addition to using the revenue from this increased fee, the Program 
would draw one-third from its reserve of unused fees (deposited 
from previous years) to absorb the difference between the Program's 
costs and its revenue. At the time the new fee was accepted by 
the Commission and approved by the Board of Supervisors-, there 
were 566 artists in the Program. Now, Mr. Lazar reported, there 
were 510* The Program, he said, could still support itself if' 
the number dropped to 486 while the Program used another one- third 
of its reserve. 



Mr. Lazar said that he recently reviewed the Program's budget with 
the committee of street artists known as the Street Artists Liai- 
son Committee on Matters of Program Budget and Personnel. The 
Liaison Committee had requested that the Director's budget proposal 
as well as two other proposals by some of the Liaison Committee 
members be reviewed by the Street Artists Program Committee. One 
proposal was to lower the fee to $200 by maintaining the present 
number of 510 artists and by using all of the reserve. Mr. Lazar 
said this would require going to the Board of Supervisors for a 
new fee ordinance. It would be contrary to the wishes expressed 
by last year's petition of artists. And, finally, the usage of 
the entire reserve for the year was contrary to the advice given 
to the Commission by the Controller's office - that is, a depart- 




Continued, 



STREET ARTISTS PROGRAM COMMITTEE - May 2*f, 1989 Minutes Page 2 



merit should try to keep in reserve sufficient funds to cover at least 
one month's operational costs, and that it was "fiscally prudent" to 
use a third of the reserve for each of the ensuing three years. 

Commissioner Genera called for questions from Commissioner Eichelbaum 
and the audience with regard to Mr. Lazar ' s presentation. There were 
none. 

II RECOMMENDATION FROM STREET ARTISTS LIAISON COMMITTEE AND STAFF TO AMEND 
ARTS COMMISSION POLICY ON "GRANTING PRIORITY IN ISSUANCE OF NEW 
CERTIFICATES TO FORMER CERTIFICATE-HOLDERS" 

Program Director Lazar explained that street artists have a grace period 
for renewing their certificates. They may renew them within ten office 
working days prior to or after the certificate's date of expiration. 
If an artist fails to renew, his certificate expires. He may re-apply, 
but his application will go to the end of the waiting list (which is 
currently two and a half years long). Because many artists fail to 
renew due to f orgetfulness , a lack of money at the time, being out of 
the country, entrusting a friend to renew on their behalf, and other 
reasons which do not represent a decision to leave the Program, the 
Arts Commission in 1979 adopted a policy to consider granting a new 
certificate in such cases. This policy provides for such consideration 
if the artist files an appeal within ninety days of his certificate's 
expiration. If more than ninety days have elapsed, the only type of 
case which the policy allows for consideration is an artist who sub- 
mits medical evidence asserting that his reason for failing to renew 
was due to a medical condition. 

Since 1979 1 Mr. Lazar reported, the Commission has heard and approved 
many cases with submittal of medical reasons. There have also been 
several "special" or "extraordinary" cases which the Commission approved 
that did not deal with medical reasons. Regardless of its policy, it 
is within the Commission's power to grant such consideration. This 
was affirmed in 1983 by the City Attorney: The Arts Commission, as per 
its powers under the Municipal Code, may exercise its "sound discretion" 
as to whether a certificate should be granted or denied. The Street 
Artists Liaison Committee felt that there are several cases which 
should be re-admitted to the Program because they would be a benefit 
to the Program. The Liaison Committee voted to submit to the Program 
Committee and Arts Commission the following amended policy (additions 
to language underlined ; deletions in double parentheses (( )) ): 

GRANTING PRIORITY IN ISSUANCE OF NEW CERTIFICATES TO FORMER 
CERTIFICATE-HOLDERS: The only cases for consideration shall 
be those who file an appeal within ninety (90) days of the 
date of their certificate's expiration, with the exception 
of those cases who submit with their request documentation 
of medical or other significant reasons for inability to renew. 
As per Section 26 of Part III of the San Francisco Municipal 

Continued 



STREET ARTISTS PROGRAM COMMITTEE - May 24, 1989 Minutes Page 3 



Code, the Arts Commission may exercise its sound discretion 
as to whether a certificate should be granted or denied. All 
(( cases )) former certificate-holders whose appeals were filed 
after ninety days of the date of their certificate's expiration 
and whose appeals are approved for the issuance of a new certifi- 
cate must be re-screened by the Advisory Committee before certi- 
fication is granted. 

Mr. Lazar stressed the Commission's authority to exercise its sound 
discretion in considering such cases, that the Commission was not obliged 
to approve everyone who request priority. Also the Commission could hold 
a hearing at any time to review the policy and decide on continuing it, 
amending it, or rescinding it. 

Commissioner Eichelbaum felt there would be no problem with the additional 
language and that it appeared to be a mild addendum to the present policy. 
Commissioner Genera felt that the proposal was fair. 

Commissioner Eichelbaum moved that the policy as amended be recommended 
to the full Commission for approval; the motion was seconded by Com- 
missioner Genera and unanimously approved. 

HI REQUESTS BY FORMER CERTIFICATE-HOLDERS FOR PRIORITY IN ISSUANCE OF CERTIFICATE 

Mr. Lazar submitted a list of former certificate-holders who had recently 
reported the loss of their certificate, each within ninety days of the 
certificate's expiration: 

A. Genevieve Simpson - Certificate #2637 expired February 26, 1989 ; her 
payment for renewal was mailed May 2, 1989- 

B. Carol Foster - Certificate # 3090 expired February 24, 1989 ; her request 
for certificate was received May 11, 1989* 

C Angela Smidt - Certificate #3519 expired March 29, 1989 ; her request for 
certificate was received May 15, 1989. 

D. Hubert Ortis - Certificate #3520 expired April 3, 1989; his request for 
certificate was received May 15, 1989- 

E. Cosmos Osonzi - Certificate #3380 expired April 27, 1989; his request 
for certificate was received May 15, 1989* 

F. Uchenna Osonzi - Certificate #338l expired April 27, 1989; her request 
for certificate was received May 15, 1989* 

G. Soon Ja Ku - Certificate #308l expired April 30, 1989; her request for 
certificate was received May 16 , 1989. 

H. Alice Blandy - Certificate #3320 expired May 5, 1989; her request for 
certificate was received May 22, I989. 



Continued 

43 SFPL: ECONO JRS 



STREET ARTISTS PROGRAM COMMITTEE - May 2k, 1989 Minutes Page h 



I. Fen-Ying Chen - Certificate #3507 expired May 3, 1989; her request 
for certificate was received May 24, 1989. 

Commissioner Eichelbaum moved that the requests for new certificate by 
the above former certificate-holders be recommended for approval; the 
motion was seconded by Commissioner Genera and unanimously approved. 

J. Sandra O'Brien - Certificate #3070 expired January 1, 1985; her 

request for certificate was received on April 21, 1989. Commissioner 
Eichelbaum noted that Ms. O'Brien had allowed four years to lapse 
since the expiration of her certificate. Ms. O'Brien said that she 
wanted to return to selling on the streets on a part-time basis and 
wanted to become involved again with the street artist issues. She 
referred to her letter to the Commission which detailed her chair- 
manship of the Commission's "blue ribbon committee" of street artists 
and merchants who drafted legislation to improve the Program, and 
her involvement with street artist issues since the beginning of the 
Program. In response to the Commissioners' questions, she said that 
she used to sell watercolor paintings, enamelled items, and artistic 
buttons (these made with her son Kristan Pokorny). 

Commissioner Eichelbaum moved that Ms. O'Brien's request for new 
certificate be recommended for approval; the motion was seconded by 
Commissioner Genera and unanimously approved. 

K. Kristan Pokorny - Certificate # 2592 expired August 3i 1983; his request 
for new certificate was received on April 21, I989. Commissioner 
Eichelbaum noted that Mr. Pokorny was requesting a new certificate 
after his former certificate had expired five years previously. Mr. 
Pokorny told the Commissioners that he intended to sell art-buttons 
similar to those referred to by his mother, Sandra O'Brien. He said 
that he spends his days on Beach Street among the street artists, 
cleaning up the sidewalk and compensated by donations from the artists. 
(The Program Committee had received a four-page petition of street 
artist signatures requesting that Mr. Pokorny be reinstated in the 
Program. ) 

Commissioner Eichelbaum moved that Mr. Pokorny 's request for new 
certificate be recommended for approval; the motion was seconded by 

Commissioner Genera and unanimously approved. 

Mr. Lazar told Ms. O'Brien and Mr. Pokorny that they would be notified 
for a screening of their wares in June. 

IV REQUEST BY APPLICANT FOR PRIORITY SCREENING AND ISSUANCE OF CERTIFICATE 

A. Gregory Kiefer - applied on April 2, 1985; notification for screening 
was mailed to Mr. Kiefer on October 30, 1987, but mail was returned. 
His request for priority was received by office on May 2, 1989. 
Commissioner Eichelbaum moved that Mr. Kiefer 's request for priority 

Continued 



STREET ARTISTS PROGRAM COMMITTEE - May 2k, 1989 Minutes Page 5 



be recommended for approval; the motion was seconded by Commissioner 
Genera and unanimously approved. 

REQUEST FROM STREET ARTISTS AND STAFF FOR RE-DESIGNATION OF SELLING SPACES 
"L-l" and "L-2" (LEAVENWORTH STREET, WEST SIDE, BEACH TO JEFFERSON 
STREETS) BY EXEMPTING' SPACES FROM DOORWAY REGULATION 

Program Director Lazar explained that in the primary allocation of street 
artist spaces designated by the Board of Supervisors in 1977i ten spaces 
were designated on Leavenworth Street, west side, Beach to Jefferson 
Streets. These ten spaces have been used traditionally and exclusively 
by portrait- and cartoon-street artists. In fact, the Arts Commission 
in 1980 established a special lottery to be run by, and to assign the 
ten spaces to, the portrait and cartoon artists. The spaces have been 
used peacefully; there have been no incidents of blockage of doorways 
or thoroughfare or any other problems. In recent times, a doorway was 
created in the Cannery building which fronts the spaces. The doorway 
is directly adjacent to the two best spaces, "L-l" and "L-2" at the 
corner of Leavenworth and Jefferson Streets. The problem is that, accord- 
ing to regulation, a street artist space cannot be within twelve feet of 
the outer edge of a doorway, unless exempted from this regulation by the 
Board of Supervisors. The portrait artists and the staff of the Program 
were requesting the Arts Commission to ask the Board of Supervisors to 
re-designate the two spaces by exempting them from the doorway regulation 
(Ordinance *fl-83, Section 2^+05 (c)(6) ). 

Mr. Christopher Martin, General Manager of The Cannery, told the Commis- 
sioners that the Gourmet Market is using the described doorway; while 
it is not their main doorway, it is a potentially active door. 

Commissioner Eichelbaum asked Mr. Martin whether he objected to the 
proposed re-designation of spaces. Mr. Martin replied that he did not 
object, but that The Cannery and he felt strongly about maintaining 
the spaces for the exclusive use of portrait and cartoon artists. He 
wanted to see the re-designation contingent upon the exclusive use of 
the spaces by these artists, or, if not, then contingent upon an annual 
review by The Cannery. Mr. Martin said that the portrait artists provided 
"a break from a lot of commercial activity" at the Wharf, and that their 
presence was conducive to the area. 

Mr. Lazar stated that when an artist receives a certificate, the certificate 
is valid for all spaces designated by the Board of Supervisors. The 
Leavenworth spaces have for years been used only by the portrait artists 
because the lighting and the shelter from the wind are ideal ' for their 
work. No ether type of street artist has wanted to sell there. On the 
other hand, any artist has the right to use the spaces and can very aptly 
challenge the Arts Commission's lottery for portrait artists only. Since 
the Commission cannot guarantee the exclusive occupation of these spaces 
by portrait artists, it would be worthwhile to request that the spaces 
be re-designated subject to annual review by The Cannery. This would be 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - May 2k, 1989 Minutes Page 6 



in keeping with other instances in which the Board of Supervisors desig- 
nated specific spaces as "temporary" - that is, subject to review by the 
Board of Supervisors. The resolution for re-designating the two spaces 
could be written for a one-year term, which would allow for annual review 
by The Cannery, the Arts Commission, and the Board of Supervisors. 

Commissioner Eichelbaum asked how the portrait artists felt about this. 
(The portrait artists attending were Louis Welsh, Barry "Lefty" Prager, 
Keith Donube, and Martin Butschek.) 

Street Artist Louis Welsh drew a diagram on the blackboard, showing the 
directions of wind and customer viewing in reference to spaces "L-l" and 
"L-2." The two spaces, he maintained, exist in a virtually wind-free 
location. Also, they are viewed by traffic from both directions - Leaven- 
worth and Jefferson Streets. The interest generated by the two spaces 
pulls the eye of the passerby to the other portrait artist spaces. Mr. 
Welsh expressed difficulty in working in street artist spaces elsewhere 
because of the wind conditions - especially since a portrait takes about 
twenty minutes, and the customer has to remain still during that time. 
He said that the lottery for the portrait artist spaces works smoothly. 
He added that the new owner of the store adjacent to the spaces has 
said that the side door would not be in use, that the main entrance 
would be the Jefferson Street door. 

Commissioner Genera asked him how the portrait artists would feel if 
the spaces were made available to other artists. Mr. Welsh replied, 
"It would kill it." 

Street Artist Barry "Lefty" Prager asked, if the spaces were re-designated 
on a year-to-year basis, whether it would be possible to avoid reviewing 
the matter during the month of July (traditionally the best time of year 
for portrait artists). Mr. Lazar responded that the month for such annual 
review could be written into the Supervisors' legislation and could be 
during the slower time of year, as January to March. 

Street Art Inspector Barbara Noakes told the Commissioners that if the 
two spaces were not re-designated, they would, in all likelihood, be 
occupied daily by the charitable solicitors. She testified to her 
walking the beat with the Police during the past several weekends, 
monitoring the activities of the charitable solicitors, oftimes catching 
them occupying street artist spaces. The two spaces, she said, could 
also be open to other vendors, even the tsrot reader who works on the 
sidewalk around the corner. 

Commissioner Eichelbaum moved that the Commission approve the concept of 
re-designating selling spaces "L-l" and "L-2" (Leavenworth Street, west 
side, Beach to Jefferson Streets) by exempting them from the doorway 
regulation (Ordinance ^1-83, Section 2^05 (c)(6) ), and that such re- 
designation be on a year-to-year basis; the motion wns seconded by Com- 
missioner Genera and unanimously approved. 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - May 2k, 1989 Minutes Page 7 



VI REQUEST FROM STREET ARTISTS AND STAFF FOR DESIGNATION OF FORMER 

CHRISTMAS SELLING SPACES M Z-36" AND "Z-37" (GRANT AVENUE, WEST SIDE, 
POST TO SUTTER STREETS) AS PERMANENT YEAR-ROUND SELLING SPACES 

Program Director Lazar submitted a map of the location, Grant Avenue 
at Post Street, showing the present five permanent year-round selling 
spaces adjacent to Shreve & Company. Next to these, closest to the 
corner of Post Street, are two temporary spaces, "Z-36" and "Z-37i" 
that have been designated for the artists' usage during the past three 
Christmas seasons. Recently, Mr. Lazar received a complaint from the 
artists that the two spaces were attracting charitable solicitor groups. 
The artists asked him to help obtain the spaces for them as permanent 
year-round spaces. The two spaces conform to all the regulations 
governing street artist locations; the Arts Commission would not have 
to ask for. an exemption from any regulation. In terms of the artists' 
conduct, it has been a very peaceful area; business-wise, a very lucra- 
tive area. Referring to Art Inspector Noakes' testimony during the 
previous item on the agenda, Mr. Lazar stated that the threat does 
exist for these spaces, if not occupied by street artists, to be oc- 
cupied by the non-profits. Mr. Lazar added that he had contacted the 
office of the President of Shreve 's, and the President, through his 
secretary, had said that he had no objection to the porposal. 

Mr. Ed Lawson, Executive Director of the Union Square Association, 
stated that he had talked to some of the merchants in the area and had 
also looked at the site and that he suspected that the reason the two 
corner spaces had not been designated as year-round spaces at the time 
of the original designation of spaces was because of some intervention 
by the manager of Shreve ' s to keep the artists back from the store's 
main corner entrance. Mr. Lawson said that at the present time Shreve 's 
is not making any comment on the issue. The other merchants in the area, 
he said, see no problem in the request. The matter was brought before 
his Board of Directors who felt that there were two issues involved. 
One issue was to use the two spaces instead of two already designated 
further down the street. The other issue was deciding on whether to 
allow for two additional permanent spaces in the Union Square area, or 
to transfer one location to another. The Board of Directors, he said, 
approved of the concept of transfering the two spaces to the more 
advantageous location and making the transfer complete by rendering 
the two relinquished spaces into temporary Christmas spaces. The 
Directors, he said, did not want to see additional spaces designated 
on a permanent basis in the Union Square area. They were having problems 
with the charitable solicitors. His organization is a party in legisla- 
tion with the City to have the court overturn the appeal which has been 
sustained concerning regulations of the charitable solicitors. 

Commissioner Eichelbaum stated that the charitable solicitors are not 
street artists and do not work through the system. 

Mr. Lawson responded that his group is nevertheless having a problem 
in all regards with being swamped in the area, and they did not want 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - May 2k, I989 Minutes Page 8 



to give any indication that they feel there is room for more permanent 
locations in the area. He felt that the City Attorney would concur 
that this is the best policy to follow at this time. 

Commissioner Eichelbaum asked Mr. Lawson if he had any objections to 
eliminating two less desirable spaces elsewhere in the Union Square 
area, not necessarily on Grant Avenue. Mr. Lawson replied that the 
question had not been put to his Board in that way; it had been, simply, 
should there be a swap? 

Mr. Lazar clarified with Mr. Lawson that if temporary spaces "Z-36" and 
"Z-37" were made permanent, then the last two permanent spaces on the 
same side of the block, "Grant-10" and "Grant-11" , would be re-designated 
as temporary spaces. 

Street Artist Linda Pedersen stated that the artists would prefer to 
save "Grant-10" and "11" and relinquish two spaces on the other side 
of the street, "Grant-SV' and "25", or two spaces in the next block 
(between Sutter and Bush Streets). 

Mr. Lawson said that while the question of swapping spaces from elsewhere 
in the area was not put to his Board, he observed that at the present 
time there was a large number of spaces, counting both permanent and 
temporary, adjacent to one business. He questioned whether one business 
should be asked to bear that large a burden. He added that the artists 
interfered with the viewing of Shreve's windows. 

Commissioner Genera asked how Mr. Lawson' s Board would feel if two spaces 
from further up the street were swapped. Mr. Lawson responded that the 
new number of spaces next to one business would be excessive to the 
area. Too many spaces next to one business, he said, tends to work 
against that business. His group preferred a more even spread of 
spaces. 

Commissioner Eichelbaum asked Mr. Lazar how he felt about the swapping 
of spaces. Mr. Lazar said he preferred to see spaces further up the' 
street swapped; however, if the merchants opposed this, he would favor 
swapping the last two spaces, "Grant-10" and "11." The two at the 
corner ("Z-36" and "Z-37") were the best spaces. 

Street Artist James Billy said that if the merchants were concerned 
about the number of spaces, there are eight to ten on the other side 
of Grant Avenue that could be relinquished, as they are never used. 
But the present number of five permanent spaces (by Shreve's) are 
always used on Fridays and Saturdays and should not be given up. 

Ms. Pedersen said that the presence of artists on the weekends in all 
the spaces by Shreve's has kept out musicians, charitable solicitors, 
and unlicensed peddlers. 

Street Art Inspector Noakes stated that there was only one occasion when 



Continued, 



STREET ARTISTS PROGRAM COMMITTEE - May 2*f, 1989 Minutes Page 9 



she saw a person obstruct a Shreve's window, and that was a musician 
on the previous weekend. 

Ms. Pedersen stated the part of Grant Avenue by Shreve's is the only 
wind-protected area in that entire section of the street. She added 
that she is of the impression that she and the other artists are on 
good terms with the management and security personnel of Shreve's. 
If the artists had to lose the two permanent spaces "Grant-10" and "11", 
it would be a hardship for them on Saturdays. 

Commissioner Genera said he had no objection to endorsing making the 
two corner spaces as permanent, but he was willing to swap them for 
two less desirable spaces. The street artists, he said, are no there 
as decorations; they are there to make money, to sell, and there was 
no reason why they should not be given a better opportunity to do that. 
If two spaces further up the street do not meet the purpose, why can' I, 
they be swapped for the two that will? It did not seem to him that this 
would hurt anyone, especially since the management of Shreve's did not 
object to this. 

Commissioner Eichelbaum asked Mr. Lawson to ask his Board the following 
question: If the President of Shreve's still has no objection, would 
the Board feel that the swapping of two spaces further up the street 
(between Sutter and Bush) is undesirable? Mr. Lawson said he would look 
into the matter. He said that seven permanent spaces by one business 
were being considered, and that his group felt that one business should 
not have a "yes" or "no" say about what happens on one block, because 
it affects their whole area. 

Commissioner Genera moved that the issue be continued to the Program 
Committee meeting next month; the motion was seconded by Commissioner 
Eichelbaum and unanimously approved. 

VII NEW BUSINESS 

The Commissioners, the Program Director, and the Art Inspector discussed 
the necessity of creating a marketplace for street artists, not in lieu 
of street locations but a separate area - preferably, indoors for winter, 
highly publicized, with plenty of parking for the artists and their 
customers, and in an area conducive to arts and crafts selling. 

The Commissioners decided that the next Program Committee meeting would 
be held on Wednesday, June 21st, 3^30 p.m. 

Commissioner Genera moved that the meeting be adjourned; the motion was 
seconded by Commissioner Eichelbaum and unanimously approved. The meeting 
adjourned at 5 : 00 p.m. 

Respectfully submitted: 






Howard Lazar 




St 

MO. lb 
* i 
blz</&°i 



45 Hyde Street 

Suite 319 

San Francisco. C A 94 1 02 

415 558 3463 



STREET ARTISTS PROGRAM COMMITTEE 



DOCUMENTS DEPT. 

UL 1 619B9 



June 21, 1989 

Department of Public Health Building 

Room 402 

101 Grove Street 

San Francisco, California 



SAN FRANCISCO 
p "«UO I.IRPAPV 



MINUTES 



MAYOR 
Art Agnos 



Commissioners present: Daniel Genera, Stanley Eichelbaum 
Commissioner Genera, Chair, called the meeting to order at 3 : 30 p.m. 



COMMISSIONERS 

Robert F. LaRocca 
President 

Nancy Boas 
Vice President 

[Vernon Alley 

Stanley Eichelbaum 

Kim Fowler 

Daniel Genera 

Anne Healy 

John Krlken 
JAmalia Mesa-Bains, Ph.D. 

Ral Y. Okamoto 

Dodle Rosekrans 

Barbara Sklar 



EX OFFICIO MEMBERS 

Presidents of the 
Fine Arts Museum 
Library Commission. 
Planning Commission. 
Recreation and Park 
Commission 



DIRECTOR 
Claire N. Isaacs 



Certificates # 484 and # 1266. Alleged 



I HEARING ON ALLEGED VIOLATION 

Bruce Krutel and Marci Brooks 

violation: Occupying a sales space properly marked and reserved for 

another artist (Ordinance 4l-83i Section 2405(c) (ll): "street artists 

shall sell ... not within five feet of the display of any other 

artist"). 

Program Director Lazar described the sales space "occupancy rule" 
which was drafted by the artists of the Street Artists Liaison Commit- 
tee and approved by the Arts Commission: When an artist selects a 
space through the lottery system, the artist must set up in the space 
by 12:00 noon; if the artist cannot be present by noon, he must leave 
part of his working display with his lottery slip attached to show 
clearly that he intends to return and work in the space. He is not 
required to occupy the space during the day; he may work in the space 
at any time until midnight. In his absence, no one else can sell in 
his space, except prior to 11:4-5 a.m.. 

In relation to this rule, Mr. Lazar reported, Beach Street Space #29 
was signed in for in the lottery by artist Mark Monsarrat on Saturday, 
April 22, 1989. Mr. Lazar submitted the original lottery sign up 
sheet which showed Mr. Monsarrat' s name entered beside the number "29." 
On that day, he said, the Art Inspector found that Mr. Bruce Krutel 
and Ms. Marci Brooks (at different times of the day) were occupying 
the space. Mr. Lazar submitted photographs of Mr. Krutel and Ms. . 
Brooks and their display in "B-29", as taken by the Inspector. Mr. 
Lazar pointed to the adjacent display in space 28 belonging to 
artist Silina Kreisel who, he said, gave witness testimony to the 
Inspector that Mr. Krutel was selling in Mr. Monsarrat ' s space. 
Mr. Lazar asked that the Inspector, Ms. Barbara Noakes, give the 
details of her report. 

Ms. Noakes told the Commissioners that on her routine inspection of 
Beach Street on April 22, she noted that Mr. Krutel and Ms. Brooks 




Continued, 



STREET ARTISTS PROGRAM COMMITTEE - June 21, I989 Minutes Page 2 



were selling in space 29 and asked them to vacate the space. She 
explained the occupancy rule to Mr. Krutel who, she said, disputed 
the rule and refused to vacate. She passed by later in the day and 
took another photo of Mr. Krutel. She said that he and Ms. Brooks 
told her that they felt entitled to the space until Mark Monsarrat 
appeared. According to the rule, Ms. Noakes told the Commissioners, 
Mr. Monsarrat would not be required to negotiate for his space upon 
his arrival, by virtue of his having claimed the space through the 
lottery and having duly marked it. The lottery member who had run 
the lottery that morning, Marshal Brewster, had told her that he 
had seen Monsarrat mark the space. Also Silina Kreisel had told 
her that she had seen Krutel put Monsarrat ' s chair into his (Krutel 's) 
van. 

Commissioner Eichelbaum asked if anyone had heard from Monsarrat that 
day. Ms. Noakes replied that he did not show up. She added thai, he 
was not required to show up at any particular time; or he could have 
arrived at any time after she left duty at 5 ; 00 p.m., or he could 
have arrived while she was elsewhere on her rounds. She read her 
account of the incident from her logbook. 

Mr. Krutel stated that the "story was more perjury than truth," and 
that Mark Monsarrat never did show up because he got sick that day. 
When he, Krutel, asked the Art Inspector to see the Program handbook, 
she was not able to produce the rule she was quoting him. 

Ms. Brooks stated that the Inspector never actually said that they had 
to leave, and that she could not produce the rule for them. Ms. Brooks 
added that there was no lottery slip at the space when Mr. Krutel set 
up his display, and that the chair was not Monsarrat 's chair; there- 
fore Monsarrat had not "marked" the space. 

Mr. Krutel interjected that the chair belonged to artist Patricia 
Lloyd. (Ms. Lloyd was present at the hearing.) 

Ms. Brooks went on to say that Monsarrat got sick, and Ms. Lloyd 
had placed her chair in his space. Ms. Brooks and Mr. Krutel, there- 
fore, did not hide Monsarrat's chair; they were returning Ms. Lloyd's 

chair to Ms. Lloyd. 

In reply to Commissioner Eichelbaum 1 s questions, Mr. Krutel and Ms. 
Brooks stated that they were aware that Monsarrat had become ill, and 
that they did not think he would return that day. Ms. Brooks said 
that "someone else had removed" Monsarrat's slip, but she did not 

intend to say who it was. 

Mr. Krutel produced a lottery slip issued to him fcr the space that 
day by lottery member Marshal Brewster. Ms. Brooks produced a letter 
dated June 10, 1989 from Mr. Brewster which stated: 

... I was not an eyewitness to the alleged violation. 
I did write Bruce a blue-slip after it was established 



Continued, 



STRICT ARTISTS PROGRAM COMMITTEE - June 21, 1989 Minutes Page 3 



Mark was ill and unable to work. This blue-slip was 
not part of the 12:00 noon-rule. There was no one else 
interested in the space. I am unable to attend this 
hearing. . . . 

Mr. Lazar staled that he had contacted Mr. Brewster to appear as a 
witness. (Neither Mr. Brewster nor Ms. Kreisel nor a third witness 
who had contacted the Program, Claudia Hart, were present.) 

Commissioner Eichelbaum said that he considered this case to be a misunder- 
standing. It appeared that no one was really at fault. 

Ms. Lloyd testified that the chair in Monsarrat ' s space was her own, 
and that Monsarrat had asked her to place it there because he was ill 
and was going to go home to sleep for a few hours. In response to 
Commissioner Genera's questions, she stated that Monsarrat had intended 
to return and that he left his slip on her chair. Krutel, she said, 
later returned the chair to Ms. Lloyd's mother who needed to sit down. 

Mr. Krutel stated that after 12:00 noon he saw that the space was vacant, 
he knew Monsarrat was ill, and he had Marshal Brewster sign him in for 
the space. Ms. Brooks added that they were not keeping anyone else 
from the space, as no one else wanted it. 

Mr. Lazar stated that, in view of the submittal, for the first time, of 
the letter from Mr. Brewster and the lottery slip, and in view of the 
fact that none of the requested witnesses for the Program appeared, the 
Program no longer had a preponderance of evidence to find Mr. Krutel and 
Ms. Brooks in violation. 

Commissioner Eichelbaum moved that the charge against Mr. Krutel and 
Ms. Brooks be dismissed; the motion was seconded by Commissioner Genera 
and unanimously approved. 

II REQUEST FROM STREET ARTISTS AND STAFF FOR DESIGNATION OF FORMER CHRISTMAS 
SELLING SPACES "Z-36" AND "Z-37" (GRANT AVENUE, WEST SIDE, POST TO 
SUTTER STREETS) AS PERMANENT YEAR-ROUND SELLING SPACES 

At the last Street Artists Program Committee meeting, May 24, 1989 , Com- 
missioner Eichelbaum asked Mr. Ed Lawson, Executive Director, Union 
Square Association, to ask his Board if they would not object to the 
designation of the two Christmas spaces, "Z-36" and "37" 1 as permanent 
spaces by swapping two permanent spaces further up the street rather 
than by swapping adjacent permanent spaces "G-10" and "11"; and to 
verify the position of Shreve's & Company on this matter. 

Mr. Lawson submitted a letter from Peter Fogel , President of Shreve's, 
informing Mr. Lawson that Shreve's was not in favor of increasing the 
number of street artist spaces next to the store. Mr. Lawson added 



Continued. 



TKK.KT AhTISTS PROGRAM COMM lTTEE - June 21, I989 Minutes Page h 



that the position of his Board had not changed; they still wanted to 
see a trade of "G-10" and "11" for the permanent designation of "Z-36" 
and "37", that there not be an increase in the number of spaces by 
Shreve ' s. 

Street artists Linda Pedersen and Jim Billy stated that the personnel 
of Shreve 's had been extremely friendly to the artists and had referred 
customers to them; it seemed to them it was only the President of the 
company who was not supporting their request to retain "G-10" and "11" 
while obtaining the adjacent "Z-36" and "37" as permanent spaces. 
Ms. Pedersen, Mr. Billy, and artist Patricia Lloyd said, however, that 
they would rather accept the Union Square Association's proposal rather 
than not obtain "Z-36" and "37" as permanent. 

Commissioner Genera asked Mr. Lawson if his group was aware that once 
"G-10" and "11" became non-designated street artist spaces, the spaces 
would be available to non-profit solicitors. Mr. Lawson replied that 
his organization considered that to be a separate issue which they 
were working on. 

Commissioner Genera moved that the Commission request the Board of 
Supervisors to designate former Christmas selling spaces "Z-36" and 
"Z-37" as permanent year-round selling spaces for street artists, and 
to rescind permanent selling spaces "G-10" and "G-ll" and to designate 
them as temporary Christmas selling spaces; the motion was seconded by 
Commissioner Eichelbaum and unanimously approved. 

REQUEST BY APPLICANT FOR PRIORITY IN ISSUANCE OF CERTIFICATE 

III Irena Stein . The Committee noted that Ms. Stein was screened and ap- 
proved for certification on March 27, 1989, but was out of the country 
during the ten-day grace period for purchasing her certificate, and that 
her request to be allowed to purchase her certificate was received by 
the Program on June 9, 1989- 

Commissioner Eichelbaum moved that Ms. Stein's request for priority in 
the issuance of a certificate be approved; the motion was seconded by 
Commissioner Genera and unanimously approved. 

IV REQUESTS BY FORMER CERTIFICATE-HOLDERS FOR PRIORITY IN ISSUANCE OF CERTIFI- 

CATE 

A. John M. Richardson - Certificate #2^+82 expired August 17, 198l; his 
request for certificate was received on May 15, 1989* Mr. Richardson 
told the Commissioners that he became seriously mentally ill before 
his certificate expired. He was put on massive doses of medication. 
He was hospitalized, then was in a board and care for five years, 
then in a day treatment center where he received therapy on a daily 
basis for three-and-a-half to four years. As a result of receiving 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - June 21, I989 Minutes Page 5 



this help and of making great effort on his part, he was able to overcome 
his disease. He said he realized that the amount of time which had 
elapsed was extraordinary. His psychiatrist (Lawrence B. Lurie) had 
sent the Program a letter verifying his account. He wanted to work again. 

In answer to Commissioner Eichelbaum's questions, Mr. Richardson said he 
used to make macrame plant hangers and glass vases, and now he was making 
stained glass candleholders for which he was seeking certification as a 
street artist. 

Commissioner Eichelbaum moved that Mr. Richardson's request for priority 
in the issuance of a certificate be approved; the motion was seconded by 
Commissioner Genera and unanimously approved. 

B. Joseph Beckman - Certificate #3302 expired October 6, 1988; his request 
for priority certification was received on May 2, 1989. Mr. Beckman told 
the Committee that he went on an Asian "sketching tour" - to Seoul, Hong 
Kong, Bangkok, Tokyo - and lost his American address book and had prob- 
lems getting friends in the United States to send him the correct business 
addresses. As soon as he received the address of the Street Artists 
Program, his certificate had already expired. 

Commissioner Eichelbaum moved that Mr. Beckman 's request for priority 
in the issuance of a certificate be approved; the motion was seconded 
by Commissioner Genera and unanimously approved. 

C. Todd Strong - Certificate #3323 expired May 19, 1989* Mr. Lazar explained 
that Mr. Strong was in France and had sent in his renewal fee on time but 
that the Program could not process it without his having done his business 
tax registration with the City Tax Collector. The Program sent his fee 
back to him and informed him he had to complete the tax registration step 
in order for his street artist certificate to be renewed. In the meantime, 
his street artist certificate expired. Mr. Lazar recently checked with 
the Tax Collector's office and found that Mr. Strong had still not 
registered, or that his application had not been received. Mr. Strong, 

he said, showed clearly his intent to remain in the Program by sending his 
fee on time. 

Commissioner Genera moved that Mr. Strong's request for priority certifica- 
tion be approved; the motion was seconded by Commissioner Eichelbaum and 
unanimously approved. 

V HEW BUSINESS 

The Committee decided to set the date for the next meeting as Wednesday, 
July 19, 1989, at 3:30 p.m. 

Commissioner Genera moved that the meeting be adjourned; the motion was seconded 
by Commissioner Eichelbaum and unanimously approved. The meeting adjourned at 
k:15 p.m. 

Respectfully submitted: 






Howard Lazar 




45 Hyde Street 

Suite 319 

San Francisco, CA 94102 

415558 3463 



STREET ARTISTS PROGRAM COMMITTEE 

July 19, 1989 

Public Health Building, Room 302 MMENTS DEPT 

101 Grove Street 

San Francisco, California 



M I N U 



.' 1989. 

.-iMiJ hKANCtSCO 



MAYOR 

Art Agnos 



COMMISSIONERS 

Robert F. LaRocca 
President 

Nancy Boas 
Vice President 

Vernon Aley 

Stanley Eichelbaum 

Wm Fowler 

Daniel Genera 

AmeHealy 

John Krlken 

Amalla Mesa-Bains. Ph.D. 

Ral Y. Okamoro 

Dodie Rosekrans 

Barbara Sldar 



EX OFFICIO MEMBERS 

Presidents of the 
Fine Arts Museum 
Library Commission, 
Planning Commission, 
Recreation and Park 
Commission 



DIRECTOR 
Claire N. Isaacs 



Commissioners present: Daniel Genera, Stanley Eichelbaum 
Commissioner Genera, Chair, called the meeting to order at 3'30 p.m. 

I REQUEST BY APPLICANTS FOR PRIORITY SCREENING AND ISSUANCE OF 
CERTIFICATE 

A. Linda Barrett Solari and Dante Solar i - Program Director Lazar 
reported that Linda Barrett Solari and Dante Solari had applied 
for certificates on July 30, 1986, and were notified for screen- 
ing on November 17, 1988, but the notice was returned to the 
office as non-forwarded mail. The Solaris' request for priority 
was received by the Program on July 6, I989. 

Commissioner Eichelbaum moved that Linda Barrett Solari and 
Dante Solari' s request for priority screening and issuance of 
certificate be approved; the motion was seconded by Commissioner 
Genera and unanimously approved. 

B. Kee Ying Yee - Mr. Yee applied November 30, 1982, and was 
notified for screening on March 26, 1935 1 but he did not appear. 
Mr. Yee submitted his request for priority screening and is- 
suance of certificate on July 17, 1989. Mr. Yee was present 

at the Program Committee meeting. His son interpreted his 
responses to questions by the Commissioners. Program Director 
Lazar told the Commissioners that Mr. Yee had explained to him 
that he had waited two and a half years for his screening of 
wares, but he missed the screening because he was working as a 
full-time janitor in restaurants and at the time was not pre- 
pared to sell on the streets. Now he was no longer able to 
work as a janitor due to an inability to move his arm from 
its having been broken several years before. This is why he 
wanted his opportunity for a screening and permit. 

Commissioner Eichelbaum ascertained that Mr. Yee would sell 
his paintings as a street artist. The Committee observed that 
he had already waited the customary two and a half years for 
a street artist permit. 

Commissioner Eichelbaum moved that Kee Ying Yee's request for 
priority screening and issuance of certificate be approved; 
the motion was seconded by Commissioner Genera and unanimously 



Continued, 



STREET ARTISTS PROGRAM COMMITTEE - July 19, 1989 Minutes Page 2 



approved. It was verified that Mr. Yee had changed his name now to 
Chi Ying Ru. 



II REQUEST BY APPLICANT FOR POSTPONEMENT OF SCREENING 

A. Esther Kahn - requested postponement of screening to July, 1990. 

Commissioner Genera moved that Esther Kahn's request for postponement 

of screening be approved; the motion was seconded by Commissioner 
Eichelbaum and unanimously approved. 



III REQUESTS BY FORMER CERTIFICATE-HOLDERS FOR PRIORITY IN ISSUANCE OF 

CERTIFICATE 

A. Terry Harms - Certificate #33^6 expired May k, 1989; Mr. Harms' 
request for certificate was received by the Program on July 10, 1989. 
Program Director Lazar explained that Mr. Harms' case was similar 

to one which the Committee had heard at its previous meeting: the 
artist had been in the process of submitting his business tax 
registration paperwork to the Tax Collector's office by mail when 
his certificate's grace period for renewal expired. Commissioner 
Eichelbaum moved that Terry Harms' request for priority in issuance 
-of certificate be approved; the motion was seconded by Commissioner 
Genera and unanimously approved. 

B. Charles Groth - Certificate #1027 expired January 28, 1989; Mr. Groth's 
request for issuance of certificate was received July 1*+, 1989. Com- 
missioner Genera moved that Charles Groth's request for priority in 
issuance of certificate be approved; the motion was seconded by Com- 
missioner Eichelbaum and unanimously approved. 

,'C. Susan Quinn - Certificate #3^72 expired April 28, 1989; Ms. Quinn's 
request for issuance of certificate was received July 17, 1989. Com- 
missioner Genera moved that Susan Quinn's request for priority in 
issuance of certificate be approved: the motion was seconded by Com- 
missioner Eichelbaum and unanimously approved. 

IV HEARING ON INFRINGEMENT OF LOTTERY GUIDELINES BY LOTTERY MEMBER 

A. Michael MacDonald . Program Director Lazar referred the Committee to 
the Lottery Guidelines which state that when a lottery member fails 
to appear at two consecutive lottery committee meetings or fails to 
run two of his scheduled lotteries, the Arts Commission may dismiss 
him from the lottery committee. After placing this matter on the 
Program Committee agenda, Mr. Lazar received word from the lottery 
committee that Mr. MacDonald had resigned from the committee; it was 
therefore moot to dismiss him. For the record, however, Mr. Lazar 
reported that, according to the lottery committee, Mr. MacDonald had 



Continued, 



STREET ARTISTS PROGRAM COMMITTEE - July 19, 1989 Minutes Page 3 



failed to run his scheduled June 10th and July 1st lotteries. Commis- 
sioner Genera asked that it be noted that Mr. MacDonald had resigned 
from the lottery committee. 



V REQUEST FROM STREET ARTIST BILL CLARK FOR ARTS COMMISSION TO REQUEST CITY 
ATTORNEY FOR OPINION ON ADMINISTRATIVE CODE SECTION 10.80 IN RELATION 
TO SPECIAL FUND OF STREET ARTISTS PROGRAM 

Street Artist Bill Clark submitted to the Commissioners copies of San 
Francisco Administrative Code Section 10.80; San Francisco Charter Sections 
6.^02 and 7-70^; the August l*f, 1987 letter from Deputy City Attorney Mark 
Kertz to Claire N. Isaacs and Howard Lazar re: Street Artists Program Usage 
of Unused Certificate Fees; and the wording of a proposed resolution 
drafted by Mr. Clark for adoption by the Arts Commission. 

Mr. Clark told the Commissioners that the Street Artists Program's fund is 
a special fund which collects all the street artist certificate fees which 
are then appropriated for the purposes required by the Program. Under the 
present procedure, it is necessary for the Arts Commission to go to the 
Board of Supervisors, in public hearings, for approval to make expenditures 
from the street artist money. Mr. Clark called the Committee's attention 
to the various code sections he submitted which he felt were relevant to 
this fund. He asked that the Committee consider requesting the Arts Com- 
mission to request the City Attorney for clarification as to whether the 
code sections did indeed apply to the Street Artists Program fund. 

Mr. Clark referred the Committee to an excerpt from Deputy City Attorney 
Mark Kertz 's August lk, 1987 letter-opinion: "... Absent legislation 
establishing a special fund for the Program (as there is now) for the 
deposit of fee monies, such monies are deposited into the general fund 
fungible with other city monies. ..." Mr. Clark clarified that within 
this statement there was clarification that at the present time the 
street artist fund is a special fund under the City's codes. 

Mr. Clark then referred to an excerpt from the San Francisco Administrative 
Code, Section 10. 80, and also to an ordinance adopted in 1935 creating 
special funds. Mr. Clark read from Section 10. 80: 

SEC. 10.80. CREATION OF SPECIAL FUNDS UPON RECEIPT 
OF GIFTS; EXPENDITURES FROM SUCH FUNDS. Whenever the 
City and County shall receive from the United States of 
America, the State or from any public or semi-public 
agency, or from any private person, firm or corporation 
any moneys or property to be converted into money, the 
Controller shall set up on the books of his or her office 
a special fund or account evidencing the moneys so received 
and specifying the purposes for which they have been re- 
ceived and for which they are held, which account or fund 
shall be maintained by the Controller as long as any 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - July 19, 1989 Minutes Page k 



portion of the monies remain unexpended. 

The expenditures necessary from the fund or ac- 
count created as provided by this Section, in order 
to carry out the purpose for which such moneys have 
been received or for which the account is being 
maintained, shall be approved by the Controller and 
the expenditures are hereby appropriated in accordance 
with the terms and conditions under which such moneys 
have been received by the City and County, and in ac- 
cordance with the conditions under which such fund is 
maintained. (Bill No. 7^6. Ord. No. 9.OV5I (C.S.), 
Sees. 1.2) 

Mr. Clark stated that, according to this, expenditures from a fund for a 
special purpose shall be approved by the Controller, which represents a 
short cut from having to go through the legislative process of the Board 
of Supervisors. 

Mr. Clark referred the Committee to Charter Section 6.^02, Fees for Licenses 
and Permits : 

The fees or licenses to be charged under ordinances 
referred to in Section 7-70^ shall not be less than the 
cost to the city and county of regulation and inspection; 
provided, that insofar as the regulation and inspection 
of foodstuffs or articles of food for human consumption 
are concerned, the fees or licenses to be charged for 
such regulation and inspection shall be as determined by 
the board of supervisors, but the same shall not exceed 
the cost of said regulation and inspection. 

Mr. Clark stated that this is the ordinance that establishes the purpose 
of a license fee, which, in the case of the street artists, is for the 
regulation and inspection of the sale of handmade art goods. This is 
the section, he said, which basically says that any fee can only be used 
for the regulation and inspection of the articles to be sold; and that is 
why the street artist fee can only be a certain amount and not higher 
than what is necessary for the inspection and regulation of the ordinance. 
This is the City Charter section, he said, which establishes the purpose 
of the street artist fee. 

Mr. Clark referred the Committee to Charter Section 7-70^, Permits and 
Licenses : 

The board of supervisors shall regulate, by ordinance, 
the issuance and revocation of licenses and permits for 
the use of, obstruction of or encroachment on public 
streets and places, ... 

This section, Mr. Clark stated, gives the Board of Supervisors the authority 



Continued, 



STREET ARTISTS PROGRAM COMMITTEE - July 19, 1989 Minutes Page 5 



to issue licenses to encroach on public sidewalks. In the case of the 
street artist ordinance, this power of the Board of Supervisors was 
given to the people through the ballot. 

Mr. Clark then referred to page 1105 of Black's Law Dictionary , the 
definition of "Public agency": "A department or agency of government 
which has official or quasi official status. An administrative body." 
In this case, Mr. Clark said, "public agency" is the Arts Commission. 
He made this point, he said, because the term "public agency" was 
mentioned in Administrative Code Section 10.80: "... Whenever the City 
and County shall receive from ... any public or semi-public agency ..." 

Mr. Clark read to the Commissioners his proposed resolution which he was 
asking the Arts Commission to adopt and to submit to the City Attorney 
for clarification: 

WHEREAS, Section 6.^02 of the San Francisco City 
Charter establishes the purpose of fees collected from 
street artist certificates; and 

WHEREAS, The Arts Commission, acting as a licens- 
ing agency in regards to issuing street artist certifi- 
cates, is a public agency as defined in Black's Law 
Dictionary ; and 

WHEREAS, The fees collected for street artist 
certificates are deposited into a special fund for the 
specific purpose of administrating and enforcing the 
Street Artist Ordinance; be it 

RESOLVED, as follows: The Arts Commission requests 
the City Attorney to answer in writing the question: 
"Do the provisions of Section 10.80 of the San Francisco 
Administrative Code regarding the making of appropriations 
from special funds apply to the monies deposited into 
the street artist special fund?" 

Mr. Clark clarified that what he was asking for was an answer as to 
whether the Arts Commission may request approval from the Controller, 
and not the Board of Supervisors, for its Street Artists Program to 
spend money from its special fund. Do the provisions of the Charter 
section apply to the monies deposited in the street artist special 
fund? 

Commissioner Eichelbaum asked how it was possible, in view of the Charter 
and Administrative Code sections, that the appropriation procedure got so 
tied up. Why would anyone dispute the code sections? Mr. Clark replied 
that he did not think that anyone was disputing this; it just had not 
been brought to anyone's attention. When the Street Artists Program 
was created, he said, there were many legal questions - this was a very 
heated political football in City Hall - and there was opposition at the 
time. The City Attorney's office did not make any clarifications on 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - July 19, 1989 Minutes Page 6 



funding for the Program. The Art Commission's Director, Martin Snipper, 
had a difficult time getting any money out of City Hall for even a 
typewrite or a table for the new Program. The Board of Supervisors 
was not fully behind the establishment of the Program. Mr. Clark did 
not know why the expenditure procedure got so confused, because it 
seemed clear as to how it should be implemented. Nevertheless, 
supplies, equipment, personnel which may be needed right away for the 
Program are delayed due to unnecessary legislative procedure. 

Commissioner Eichelbaum stated that he supported simplification in the 
procedure. 

Program Director Lazar stated that if the City Attorney clarifies that 
the Program may go directly to the Controller for permission to make 
its expenditures, the Arts Commission would still continue its "in- 
house procedure" of submitting proposals for major expenditures to 
hearings conducted by the Street Artists Liaison Committee, the Street 
Artists Program Committee, and the Arts Commission itself. A request 
for an expenditure would go in the form of an Arts Commission resolu- 
tion to the Controller, after the public hearings. What would be cut 
out would be the step going to the Board of Supervisors for approval - 
which represents a minimum of a month to two months' delay. 

Commissioner Genera moved that the Arts Commission adopt the resolution 
submitted by Bill Clark and request the City Attorney for an answer to 
Mr. Clark's question; the motion was seconded by Commissioner Eichelbaum 
and unanimously approved. 

VI NEW BUSINESS 

The Committee decided that the next meeting would be scheduled for 
August 16, 1989, at 3:30 p.m. 

Commissioner Genera moved that the meeting be adjourned; the motion was 

seconded by Commissioner Eichelbaum and unanimously approved. 

The meeting adjourned at 4:06 p.m. 

Respectfully submitted: 



~~7$WfruL Jb**' 



Howard Lazar 




A7o,7s: 



II 



5 Hyde Street 

uite319 

an Francisco, CA 94102 

15 558 3463 



Izt/%1 



STREET AjgTISTS PROGRAM COMMITTEE 

November 22, 1989 

Department of Public Health Bldg. 

Room 302 

101 Grove Street DOCUMENTS DEPT. 

San irancisco, California 



M I N U 



Commissioners present: Genera, Eichelbaum 



JAN 3 4 1990 

SAM rKANCISCO 

J IRDftDV 



AAYOR 
vrtAgnos 



:OMMISSIONERS 

'obert F. LaRocca 
resident 

lancy Boas 
Ice President 

'ernon Alley 

tanley Eichelbaum 

Im Fowler 

>anlel Genera 

vnne Heary 

ohn Kriken 

vmalla Mesa-Bains, Ph.D. 

'al Y. Okamoto 

Jodie Rosekrans 

arbara Sklar 



X OFFICIO MEMBERS 

residents of the 
Ine Arts Museum 
Ibrary Commission, 
lanning Commission, 
'ecreation and Park 
Commission 



)IRECTOR 
Claire N. Isaacs 



Commissioner Eichelbaum called the meeting to order at ^:32 p.m. 



REQUESTS BY FORMER CERTIFICATE- HOLDERS FOR PRIORITY IN ISSUANCE 
OF CERTIFICATE 

A. Bernard Olderman - Certificate #2929 expired September 20, 1987; 
Mr. Olderman ' s request for priority was received on August 18, 
I989. Mr. Olderman stated that he went to Thailand, started a 
business, got married, his wife had a baby, the business failed. 
In the meantime, his street artist certificate expired; because 
he had been caught up in his business affairs, he had forgotten 
to renew it. As soon as they were able to return to the United 
States, he submitted a letter to the Arts Commission, requesting 
priority above the waiting list of applicants in the issuance 

of a certificate. Mr. Olderman showed samples of his handmade 
fabricated copper and brass jewelry. Commissioner Eichelbaum 
stated that he felt Mr. Olderman' s request was reasonable and 
moved that it be recommended that Mr. Olderman' s request be 
approved; the motion was seconded by Commissioner Genera and 
unanimously approved. 

B. Konstantin Gortinsky - Certificate #2535 expired October 8, 
198l ; Mr. Gortinsky 's request for priority was received on July 
20, I989. Mr. Gortinsky did not appear. No action was taken. 

C John Shaw - Certificate #3210 expired October l*f , I989; Mr. 
Shaw's request for priority was received November 5, 1989 . 
Commissioner Eichelbaum moved that Mr. Shaw's request be approved; 
the motion was seconded by Commissioner Genera and unanimously 
approved. 

D. Tan Khoa Nguyen - Certificate #3386 expired October 29, 1989; 
Mr. Nguyen's request for priority was received November 17, 
1989. Commissioner Eichelbaum moved that Mr. Nguyen's request 
be approved; the motion was seconded by Commissioner Genera and 
unanimously approved. 

E. Raoul Neri - Certificate #3318 expired October 29, 1989; Mr. 
Neri's request for priority was received November 21, I989. 
Commissioner Eichelbaum moved that Mr. Neri's request be ap- 
proved; the motion was seconded by Commissioner Genera and 
unanimously approved. 




Continued, 



STREET ARTISTS PROGRAM COMMITTEE - November 22, 1989 Minutes Page 2 



II REQUESTS BY APPLICANTS FOR POSTPONEMENT OF SCREENING 

A. Jean Rosen - request for postponement to August, 1990. Commissioner 
Eichelbaum moved that Ms. Rosen's request be approved; the motion was 
seconded by Commissioner Genera and unanimously approved. 

B. Beatrice Anne Spiegel - request for postponement to April, 1990« Com- 
missioner Eichelbaum moved that Ms. Spiegel's request be approved; the 
motion was seconded by Commissioner Genera and unanimously approved. 

C. Geri L. (Gmahling) van Gelderen - request for postponement to November, 
1990. Commissioner Eichelbaum moved that Ms. van Gelderen's request 

be approved; the motion was seconded by Commissioner Genera and unan- 
imously approved. 

D. Barbara Lisa Pope - request for postponement to October, 1990. Com- 
missioner Eichelbaum moved that Ms. Pope's request be approved; the 
motion was seconded by Commissioner Genera and unanimously approved. 

E. Gina Rapere - request for postponement to July, 1990. Commissioner 
Eichelbaum moved that Ms. Rapere' s request be approved; the motion was 
seconded by Commissioner Genera and unanimously approved. 

III HEARINGS ON ALLEGED VIOLATIONS OF STREET ARTISTS ORDINANCE 

A. Robert Stone - Certificate #l86l. Alleged violations: (l) displaying 
items (commercially-manufactured silver necklaces) not of the artist's 
own creation; (2) displaying items not certified by the Arts Commis- 
sion. Program Director Lazar explained that the Art Inspector had 
issued a Program "citation" to Mr. Stone on July 3, 1989 for, according 
to the Inspector's notes, "displaying purchased silver necklaces, flat 
silver with or without designs; there were many more such necklaces 
than pendants. The necklaces frequently had individual price tags. 
There were over a dozen such pieces. Although Mr. Stone removed one 
strand of beggar beads from his display, he displayed these silver 
necklaces and other wares which may not be of his own manufacture." 
Mr. Lazar submitted the photos of the incident taken by the Inspector. 

Inspector Noakes testified to the items in the photos. She said that 
the necklaces had bands with numbers on them, some of the numbers had 
dollar signs, some were simply numerals. She pointed to Mr. Stone's 
display of flat "snake" bracelets which, she said, were similar to 
samples shown in a catalogue by Silver Touch West, Inc. (Inspector 
Noakes submitted this catalogue to the Commissioners.) Mr. Stone's 
samples, she said, were plainer in design than those in the catalogue. 
She had noticed Mr. Stone's "snake" items in passing because they were, 
she said, like materials which she remembered buying from stores when 
she was in high school. They were familiar products, she added, which 
one would see in The Emporium in the 1950' s. When she looked closely 
at Mr. Stone's display and saw the individual pricetage on the necklaces, 

Continued 



STREET ARTISTS PROGRAM COMMITTEE - November 22, I989 Minutes Page 3 



it appeared to her that the items were definitely intended to be sold 
separately. 

Mr. Stone told the Commissioners that he had the necklaces since last 
Christmas, and that the tags he had on them were "gram weights" stating 
the amount of silver in each chain. His defense, he said, was the 
"horse-and-carriage theory": he has to have the chains to go with his 
pendants, just like the photographer has to have a pre-manufactured mat 
and frame for his photograph, the kiteseller requires a spool for the 
string, and the hatseller has an ornamental band of feathers on a pre- 
manufactured hat. He said that he does not sell the chains by themselves; 
he sells his lapidary with the chains attached. But if he had to dis- 
continue selling the chains, he said, he would comply. 

Mr. Lazar referred the Committee to the Arts Commission's criteria for 
pendants, that a commercially manufactured pendant is not allowed to 
be sold in an artist's necklace unless it is subordinate to, or an 
integral part of, of the design of the necklace, and that this is to 
be determined on a case-by-case basis by the Advisory Committee of 
Street Artists and Craftsmen Examiners. Conversely, he said, in Mr. 
Stone's case, he doubted whether the Advisory Committee would approve 
his display of commercially manufactured silver necklaces unless they 
were subordinate to, or an integral part of, the design of his lapidary 
pendants. The silver necklaces, it appeared, were overpowering in size 
and in design the very items for which Mr. Stone was certified. 

Commissioner Eichelbaum stated that it appeared that the silver neck- 
laces were overwhelming the pendants, and that there was a violation. 
The Commissioner moved that it be found that Mr. Stone had violated 
the street artists ordinance by displaying items (commercially manu- 
factured silver necklaces) not of his own creation, that, in lieu of 
receiving a suspension of certificate for such violation, Mr. Stone be 
warned that further selling of such items shall result in suspension 
of certificate, and that Mr. Stone submit his necklace/pendant items 
with their usage of the commercially manufactured necklaces to an 
examination by the Advisory Committee of Street Artists and Craftsmen 
Examiners for a recommendation as to whether Mr. Stone may be allowed 
to use such commercially manufactured components in his craft items. 
The motion was seconded by Commissioner Genera and unanimously approved. 

B. Hubert Emerson Ortis - Certificate #3560. Alleged violations: selling 
in areas not designated by Board of Supervisors. Commissioner Eicel- 
baum examined the case file and stated that it appeared Mr. Ortis was 
found selling in locations that were either other artists' spaces or 
illegal locations. 

Mr. Ortis stated that as soon as he placed the jewelry items he designed 
on his table for sale, many people in the Program started to copy them. 
These people would obtain better spaces in the lottery than he did, 
they would attract customers before he would, and the customers finally 



Continued, 



STREET ARTISTS PROGRAM COMMITTEE - November 22, 1989 Minutes Page k 



coming to his table would think that he was copying the other artists 
and would bypass him. He further stated that when he first met 
Inspector Noakes, the Inspector found him in an illegal space and he 
agreed to move. He told her that he had three children to feed and 
that he made his own craft but that the other artists got the better 
spaces and he couldn't sell unless he had a good space, as the white 
zone (Jefferson Street), which is illegal, but he had to make a living. 

Program Director Lazar stated that, according to the street artist law, 
an artist must sell in a space designated by the Board of Supervisors, 
and that there is no exception to this. One way for an artist to obtain 
a space is through the artists' lotteries. Mr. Lazar sta ed that he 
met Mr. Ortis over two years ago when Mr. Ortis was on the waiting list 
for a street artist certificate and was selling illegally out of his 
van adjacent to the white zone on Jefferson Street during summer or 
on O'Farrell Street during Christmas. Each time Mr. Ortis saw him, Mr. 
Ortis would pack up and leave. Mr. Lazar told him that he looked for- 
ward to the day when Mr. Ortis would be licensed and would be able to 
legitimately compete with other street artists for selling spaces. 
Mr. Ortis finally got his certificate, but he continued to sell 
regularly in illegal locations. Mr. Lazar told the Commissioners that 
he did not think there was anyone in the Program who would not be in 
sympathy with a man trying to feed his children; the Program, however, 
could not afford to allow sympathy to outweigh the law itself and the 
good of the whole. 

Mr. Ortis said he understood that, but the Art Inspector had tried to 
close him down for selling items the design of which he had originally 
created. Mr. Lazar responded that the Commission had, several months 
ago, written to the City Attorney requesting clarification as to whether 
the Commission could deny, suspend, or revoke an artist's certificate 
for copying another artist's work, that the clarification had not yet 
been received, and that he had told Mr. Ortis about this and had in- 
vited him to write the Program a letter, requesting an investigation 
of items in the Program that he alleged were copies of his work. 
Whatever the outcome of such an investigation, the bottom line would 
still be City Attorney clarification as to whether the Commission has 
the power to close down Mr. Ortis' alleged copyists. Nevertheless, Mr. 
Lazar said, this was an issue entirely separate from the issue of Mr. 
Ortis' continuous selling in illegal locations. 

Mr. Lazar submitted a chronological list of observations of Mr. Ortis 
selling illegally, as well as warnings and Program "citations" issued 
to him over a seven-month period (April through November, 1989). The 
list showed that he continued to sell illegally, even after he had been 
notified on separate occasions of his hearing with the Program Committee. 
In all, eight "citations" were issued to him over the seven-month period. 

Mr. Ortis stated that the Art Inspector had been selectively enforcing 
the rules against him, and not against other artists. The Commissioners, 



Continued. 



STREET ARTISTS PROGRAM COMMITTED - November 22, 1989 Minutes Page 5 



after questioning Inspector Noakes and reviewing entries from her 
logbook relative to the incidents, concluded that there was no 
evidence to support Mr. Ortis' claim. 

Mr. Lazar asked if Mr. Ortis wanted to stay in the Program. Mr. Ortis 
replied that he did, that the Program was the best thing that ever 
happened to the artists. Mr. Lazar asked if he would be willing to 
stay and abide by the simple rules. Mr. Ortis responded that he would 
and added, "I will not sell in the white zone or illegal again." 

Commissioner Genera asked Mr. Lazar what opportunities Mr. Ortis had 
in obtaining a sales space. Mr. Lazar responded that Mr. Ortis was 
not limited to the Jefferson Street spaces; he could participate in 
the lotteries for the other Wharf spaces, the Downtown spaces, the 
Cliff House area spaces, and Justin Herman Plaza. Also, the lottery's 
"12:00 Noon Ruin" allows for an artist to compel. o Tor, and obtain, 
spaces that have been relinquished by other artists. KurLhermore, 
there were always spaces in the Downtown or Wharf areas that were not 
claimed by lottery or may be relinquished throughout the day. 

Commissioner Genera moved that Mr. Ortis be found in violation of the 
street artists ordinance by selling in areas not designated by the 
Board of Supervisors, and that, in lieu of receiving the standard 
three-week suspension of certificate for such violation, Mr. Ortis be 
warned that any future such violation shall result in the standard 
six-week suspension for second violation. The motion was seconded by 
Commissioner Eichelbaum and unanimously approved. 

C. Betty Bundschu - Certificate #156. Alleged violations: (l) selling in 
a white zone; (2) displaying items (beadcraft) not of the artist's own 
creation. Program Director Lazar submitted photos taken by the Art 
Inspector relative to alleged violations. He also submitted a copy of 
a catalogue of jewelry items by Manson Company which, he stated, 
showed some of the jewelry items which Ms. Bundschu had displayed. 

Inspector Noakes referred the Commissioners to her photos of Ms. 
Bundschu 's display and to the Manson catalogue and cited several large 
blue-green patina necklaces strung on leather thongs (items Nos. 
MNP810 and MNP888 of the catalogue). 

Ms. Bundschu admitted that some of these items had been on her table. 
She said that she had been ill during the year and had brought the 
items out to her display to re-string them rather than work on them 
at home. She said she re-strings them into her own designs. She 
realized that she made the mistake of leaving some of these on her 
table before re-doing them, at the time the Inspector appeared. 

Mr. Lazar clarified that the Arts Commission had always interpreted 
the law to mean that items on an artist's table are for sale and there- 
fore must be created by the artist; an artist should not mislead the 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - November 22, 1989 Minutes Page 6 



public by displaying anything else. 

Commissioner Eichelbaum noted that Ms. Bundschu had been issued a 
warning for selling items not of her own creation three years before 
but had not been cited at the time. Given her record, the Commissioner 
said, he was inclined to recommend issuing a warning rather than a 
suspension for the current violation. 

Commissioner Genera agreed but emphasized that any further such viola- 
tion would not be tolerated by the Commission - especially during this 
time of the year after the Commission and the artists had put forth 
much effort in requesting and obtaining from the Board of Supervisors 
additional Christmas season selling spaces. 

Commissioner Eichelbaum moved that Ms. Bundschu be found in violation 
of the street artists ordinance by selling items not of her own cre- 
ation and by selling in an area not designated by the Board of Super- 
visors, and that, in lieu of receiving the standard two-month and 
three-week suspensions of certificate for such violations, Ms. Bundschu 
be warned that any future such violations shall result in suspension 
of her certificate. The motion was seconded by Commissioner Genera 
and unanimously approved. 



There was no new business. 



The meeting adjourned at 5^30 p, 



m. 



Respectfully submitted: 
Howard Lazar ^ 




St 

A7C-7S 



45 Hyde Street 

Suite 319 

San Francisco. C A 94102 

415 558 3463 



STREET ARTISTS PROGRAM COMMITTEE 

January 17, 1990 

Dept. of Public Health Building 

Room 20^ 

101 Grove Street 

San Francisco, California 

^ MINUTES 



DOCUMENTS DEPT. 

JAN 2 5 1990 

SAW FKANCUaCQ 

D "RIJC I IROApv 



MAYOR 

Art Agnos 



Commissioners present: Genera, Eichelbaum 

Commissioner Eichelbaum called the meeting to order at k:J>0 p.m. 



COMMISSIONERS 

Robert F. LaRocca 
President 

Nancy Boas 
Vice President 

Vernon APey 

Stanley Eichelbaum 

Kim Fowter 

Daniel Genera 

AnneHealy 

John Krlken 

Amalla Mesa-Bains. Ph.D. 

Ral Y. Okamoto 

Dodle Rosekrans 

Barbara Sklar 



REQUESTS BY APPLICANTS FOR POSTPONEMENT OF SCREENING OF WARES 
FOR CERTIFICATION 

A. Charles Rathbone . Mr. Rathbone's letter requested postpone- 
ment to June, 1990. Commissioner Eichelbaum moved that Mr. 
Rathbone's request for postponement be approved; the motion 
was seconded by Commissioner Genera and unanimously approved. 

B. Sue Novak Johnson . Ms. Novak's letter requested postponement 
to November, 1990. Commissioner Eichelbaum moved that Ms. 
Novak's request for postponement be approved; the motion was 
seconded by Commissioner Genera and unanimously approved. 



EX OFFICIO MEMBERS 

Presidents ot the 
Fine Arts Museum 
Library Commission, 
Planning Commission. 
Recreation and Park 
Commission 



DIRECTOR 
Claire N. Isaacs 



II REQUEST BY FORMER CERTIFICATE-HOLDER FOR PRIORITY SCREENING OF 
WARES FOR CERTIFICATION 

A. James Baldwin - Certificate #1899 expired May 1, 1978; Mr. 
Baldwin's request for priority screening and certification 
was received November 1A-, I989. 

Mr. Baldwin stated that he had held a certificate in the 
Street Artists Program from 197^-78. He said he left the 
Program because he was on drugs in 1978 and could not 
function. He said that he has been off of drugs since 1979 
and is still attending psychiatric sessions. His craft is 
lapidary. During the past twelve years, he has been selling 
in flea markets and in shows. 



The Commissioners noted a letter which had been submitted 
on Mr. Baldwin's behalf by his therapist, Lindsay Wansbury, 
M. S. , of Fort Bragg, California. The letter stated that 
Mr. Baldwin has been a client since March, 19&9, that during 
this period he has not been using cocaine, and that he "appears 
sincerely motivated to get bake into the art world and be 
productive." 



Continued. 




STREET ARTISTS PROGRAM COMMITTEE - January 17, 1990 Minutes Page 2 



Mr. Baldwin added that he has been making lapidary items for 
twenty years, that he made the belt buckle worn by Barbra 
Streisand in A Star Is Born , and, in the 1970's, sold his items 
to the prime minister of Turkey and to Muhammad Ali. 

Commissioner Eichelbaum moved that Mr. Baldwin's request for 
priority screening of wares and certification be approved; the 
motion was seconded by Commissioner Genera and unanimously approved. 

III REQUEST BY PROGRAM DIRECTOR FOR AUTHORIZATION TO DESTROY FILES OF 

FORMER CERTIFICATE-HOLDEES WHOSE CERTIFICATES EXPIRED PRIOR TO 
FEBRUARY, I985 

Program Director Lazar requested authorization to destroy files of 
former certificate-holders whose certificates had expired prior to 
February, 1985- The request, he said, was in keeping with the City 
Attorney's instructions that such files be kept for at least five 
years, with the exception of files of those artists who had received 
disciplinary action by the Arts Commission (these files to be kept 
indefinitely). The destruction of several hundred artist files, 
dating prior to February, 1985 1 was particularly timely, Mr. Lazar 
said, for the Commission office's "house cleaning" in preparation 
for the office's move. The files would be dumped upon the approval 
of first the Arts Commission, then the City Attorney, the Controller, 
and the Retirement Board. Commissioner Genera moved that the Program 
Director be authorized to destroy the files of former certificate- 
holders whose certificates expired prior to February, 1985; the motion 
was seconded by Commissioner Eichelbaum and unanimously approved. 

IV REQUEST BY CERTIFICATE-HOLDER FOR WAIVER OF RENEWAL-BY-MAIL POLICY 

PROVISION FOR ONE YEAR 

A. Terry Harms - Certificate 32925* Mr. Harms' request was received 
on December 20, 1989; the request was for a waiver of policy pro- 
vision due to medical inability to renew his certificate in person. 
Program Director Lazar explained that, since 1982, the Arts Com- 
mission's policy is to allow street artists the opportunity to 
renew their certificates by mail for two renewals; for the third 
renewal, the artists must come to the office to renew. The pur- 
poses of the policy are to make renewal easier for artists and yet, 
at the same time, to discourage "absentee" certificate-holders 
(artists who would hold onto their certificates without ever 
coming to town to sell) - by having the artist come to the office 
once during three renewals, the chances are that the artist will 
sell at least once during this period. Mr. Lazar reported that 
street artist Terry Harms had already renewed by mail twice and 
must now come to the office for his next renewal. Mr. Harms, how- 
ever, wrote that he is physically and psychologically unable to 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - January 17, 1990 Minutes Page 3 



come to San Francisco, that he is in a drug therapy program in 
Midpines, California, he has no car, no money for bus fare, and 
no place to stay in San Francisco. Mr. Harms has asked the Street 
Artists Program to send him blank certificate cards to sign, for 
the next two years, but Mr. Lazar was opposed to this. He recommended 
that the Commission waive the "in person" renewal provision for Mr. 
Harms for a period of one year. At the end of the year, if Mr. Harms 
is still unable to come to San Francisco, he would be advised to 
write the Commission for an extension of the waiver. 

The Commissioners noted the various documents enclosed with Mr. Harms' 
letter, especially the Social Security Administration's statement 
specifying payments of $602 a month to Mr. Harms for disability. 

Commissioner Eichelbaum moved that the "in person" renewal provision 
of the Arts Commission's "Certificate Renewal by Mailed Payment" 
policy, adopted July 12, 1982, be waived for a period of one year 
for certificate-holder Terry Harms; the motion was seconded by Com- 
missioner Genera and unanimously approved. 

NOMINATIONS OF CANDIDATES FOR TWO POSITIONS ON ADVISORY COMMITTEE OF 
STREET ARTISTS AND CRAFTSMEN EXAMINERS 

Three terms expired (November 27, 1989) on the Advisory Committee of 
Street Artists and Craftsmen Examiners - the terms were filled by Ed 
Poskus, Mathew Porkola, and Richard Kamler. While Ed Poskus vacated 
his position, Mathew Porkola and Richard Kamler were presently serving. 
Program Director Lazar stated that the Program staff recommended that 
the incumbents be re-nominated in order to continue in their vital 
roles as members of the Committee. The incumbents have been conducting 
very detailed screenings of applicants' wares, as well as incisive 
studio visits, viewing complete production processes. With each 
incumbent's name, Mr. Lazar also recommended that the names of 
Jonathan Fisher and Gay Roche be submitted, in keeping with the pro- 
visions of the street artist ordinance. For the third position, Mr. 
Lazar stated that he intended to place an ad in the local papers; he 
requested that either Commissioner Genera or Eichelbaum conduct inter- 
views of candidates with him (as has been done throughout the years of 
the Program). Commissioner Eichelbaum offered to interview with him. 

Street Art Inspector Barbara Noakes pointed out that the Commission 
has traditionally attempted to compose a balance of various crafts 
disciplines among the members of the Advisory Committee. 

Commissioner Genera moved that the Commission nominate incumbent 
members Mathew Porkola and Richard Kamler to continue in their 
positions on the Advisory Committee, and that the names of Jonathan 
Fisher and Gay Roche also be submitted as nominees for each position; 
the motion was seconded by Commissioner Eichelbaum and unanimously 
approved. 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - January 17, 1990 Minutes 



Page k 



VI REQUEST BY FORMER CERTIFICATE-HOLDER FOR PRIORITY IN ISSUANCE OF 

CERTIFICATE 

A. Judith Fine - Certificate #23^0 expired October l8, 1989; Ms. Fine's 
request was received January 12 (by telephone), 1990* Ms. Fine wrote 
that she had allowed her certificate to expire because she had had 
to take care of her friend who was ill. Now that her friend was in 
better health, it was possible for Ms. Fine to resume selling. 
Commissioner Genera moved that Ms. Fine's request for priority in 
issuance of certificate be approved; the motion was seconded by 
Commissioner Eichelbaum and unanimously approved. 

VII NEW BUSINESS 

The Committee set the time and date of the next meeting: Wednesday, 
February 21, 1990, k:30 p.m. 

The meeting adjourned at 5:07 p.m. 



Respectfully submitted: 



<NWcltJL <^fe 



Howard Lazar 



p 




45 Hyde Street 

Suite 319 

San Francisco, C A 94102 

415 558 3463 



Gnrf^ - Jbin^A^^jLyCC~ 



STREET ARTISTS PROGRAM COMMITTEE 

<" February 21, 1990 

Public Health Building, Room 20^ 

101 Grove Street 

San Francisco, California DOCUMENTS DEPT. 



MAYOR 
ArtAgnos 



MINUTES 



MAR » 

SAN FRANCU**0 



Commissioners present: Genera, Eichelbaum 

Commissioner Genera, Chair, called the meeting to order at 4:30 p.m. 



COMMISSIONERS 

Robert F. LaRocca 
President 

Nancy Boas 
Vice President 

Vernon Alley 

Stanley Eichelbaum 

Kim Fowler 

Daniel Genera 

Anne Healy 

John Krlken 

Amalla Mesa-Bains. Ph.D. 

Ral Y. Okamoto 

Dodle Rosekrans 

Barbara Sklar 



EX OFFICIO MEMBERS 

Presidents of the 
Fine Arts Museum 
Library Commission. 
Planning Commission. 
Recreation and Park 
Commission 



DIRECTOR 
Claire N. Isaacs 



HEARINGS ON ALLEGED VIOLATIONS OF STREET ARTISTS ORDINANCE 

A. Gerald Hehr - Certificate #2?19- Alleged violation: soiling 
in an area not designated by the Board of Supervisors. 
Program Director Lazar submitted the report and photos taken 
by the Art Inspector of the alleged incident and stated that 
the location described was Stockton Street, west side, near 
Market Street - an area where there are no street artist 
locations - and that the date of the alleged incident was 
December 23, 1989, at 3 = ^0 p.m. 

Commissioner Eichelbaum asked Mr. Hehr for his reason for being 
in that location. Mr. Hehr replied that there had been no 
street artist spaces available, that there were not enough 
spaces obtained for the artists at Union Square for Christmas, 
and that next to him there had been five unlicensed (illegal) 
vendors selling without any authority citing or stopping them. 
He did not feel that he, as a street artist, should be penalized 
when the city is being overrun with illegal vendors. He said 
he realized he broke the law, but he could not have given up 
such an important selling day before Christmas. He added that 
at the time his street artist certificate was not on display 
and he had not been representing himself to the public as a 
street artist. Commissioner Eichelbaum asked him if he had 
obtained an assigned space. Mr. Hehr replied that he had not, 
that he had never participated in the street artist lottery 
for spaces, and that he did not intend to do so. He claimed 
that the Art Inspector had harrassed him and that she harrasses 
many people. 



Mr. Lazar told the Commissioners that the Christmas season is 
the most acute time of the year when the artists have to abide 
by - and the Arts Commission has to enforce - all of the rules, 
and that was the commitment that the Street Artists Program 
staff gave to the artists, the merchants, and the Board of 
Supervisors last fall when the Board voted to give the artists 
extra selling spaces for the season. He added that an adequate 
number of spaces had been obtained. 




Continued. 



STREET ARTISTS PROGRAM COMMITTEE - February 21, 1990 Minutes Page 2 



Commissioner Genera said that it sounded to him like Mr. Hehr 
wanted the "sytem" to accommodate him, and that if he would 
not participate in the street artist lottery, it wasn't the lot- 
tery's fault. The Commissioner asked Mr. Lazar for his recommenda- 
tion. 

Mr. Lazar stated that he would be remiss in his duty if he let the 
violation go by. His recommendation was that Mr. Hehr be found in 
violation of the street artist ordinance for selling in an area 
not designated by the Board of Supervisors, and that the Arts Com- 
mission's standard penalty of three-week suspension be applied to 
Mr. Hehr's certificate. Mr. Lazar added that his staff and he had 
communicated regularly with the Police during the Christmas season 
to enforce the law against the illegal vendors in Mr. Hehr's area 
and especially on Sutter Street, near Market Street, because of 
the complaints by the street artists trying to sell in their own 
spaces there and having to compete with the illegals. Mr. Lazar 
said that he personally addressed the artists at l.wo lotteries, 
informing them that he had instructed the Art Inspector to cite 
any artist who refused to adhere to all of the rules, and that the 
artists had been given booklets on all the Christmas spaces. 

Commissioner Eichelbaum noted that this was the first record of 
a violation by Mr. Hehr. 

Commissioner Genera moved that Mr. Hehr be found in violation of 
the street artists ordinance for selling in an area not designated 
by the Board of Supervisors, that, in lieu of receiving the standard 
penalty for such violation, Mr. Hehr be warned that any future such 
violation will result in a finding of a second offense and the 
standard penalty of six-week suspension will be applied to Mr. Hehr's 
certificate. The motion was seconded by Commissioner Eichelbaum and 
unanimously approved. 

Fernando Hechavarria - Certificate #30^-5. Alleged violation; selling 
in an area not designated by the Board of Supervisors. Program 
Director Lazar submitted the Art Inspector's report and photos, 
stating that the alleged incident occurred at the same time and 
location as did the previous case: December 23, 1989 » 3-^0 p.m., 
Stockton Street, west side, near Market Street. The Commissioners 
ascertained that this was the first violation for selling in an 
undesignated space by Mr. Hechavarria. 

Mr. Hechavarria told the Commissioners that he had gone to the lottery 
but had not been able to obtain a space. 

Commissioner Eichelbaum moved that Mr. Hechavarria be found in violation 
of the street artists ordinance for selling in an area not designated 
by the Board of Supervisors, that, in lieu of receiving the standard 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - February 21, 1990 Minutes Page 3 



penalty for such violation, Mr. Hechavarria be warned that any future 
such violation will result in a finding of a second offense and the 
standard penalty of six-week suspension will be applied to Mr. 
Hechavarria 1 s certificate. The motion was seconded by Commissioner 
Genera and unanimously approved. 

Program Director Lazar clarified that this warning applied to Mr. 
Hechavarria for selling in any area of the city - not just for downtown 
but for the Wharf as well. 

James Toolate - Certificate #3078. Alleged violation: selling in an 
area not designated by the Board of Supervisors. Program Director 
Lazar submitted the Art Inspector's report and photos of the incident 
of December 9, 1989, ^:30 p.m., in which Mr. Toolate had been allegedly 
selling adjacent to the white zone on Jefferson Street (near Leaven- 
worth Street) and adjacent, as well, to the awning and entrance of 
the Chart House Restaurant. The Inspector had photographed Mr. Toolate 
and his display from two stories directly above in the Cannery, as well 
as on street-level. 

Mr. Toolate told the Commissioners that he had not been selling, that 
a wheel had broken off his display stand, and he had pulled his table 
to the side, set his merchandise on top of it and out of the way of 
passersby, so that he could repair the wheel. He said he did not 
open for business - he never set up nor sold there. He said he put 
the wheel back on, and, by that time, a street artist space became 
available and he rolled his display into it. 

Commissioner Genera questioned the Inspector as to whether Mr. Toolate 
had been selling. Inspector Noakes testified that, during the entire 
time she had observed him, she never saw him touch the part that he 
alleged was broken. He appeared, s e said, to be preoccupied the 
whole time with putting his items out for display and looking at 
customers going by. 

Mr. Lazar stated his main point: Mr. Toolate' s display should not have 
been in a white zone, let alone adjacent to a doorway at any time, 
regardless of whether or not he was selling. He could have repaired 
the wheel away from the white zone and doorway. 

Mr. Toolate asserted that he had to repair the wheel first before 
he could roll the display down the street. 

Mr. Alfred Gamarra, street artist, testified that he had been working 
that day in space "J-9," and that Toolate 's table was broken, and 
that Toolate was trying to repair it. Mr. Lazar asked Mr. Gamarra 
why he had not helped Toolate move it out of the white zone. Mr. 
Gamarra replied that had he done so, Toolate would have still been 
in an illegal space, or "squeezing" between street artist spaces. 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - February 21, 1990 Page k 



Commissioner Genera stated that the incident appeared to be as if 
the artist .was in the wrong place at the wrong time. He said that 
he could not find Mr. Toolate in violation. He stated that while 
Mr. Toolate should have moved his display out of the way and that 
sometimes, in 'such circumstances, a person does not consider the 
ramifications of what he is doing, he felt that the case should be 
dismissed. Commissioner Genera moved that the charge against Mr. 
Toolate be dismissed; the motion was seconded by Commissioner 
Eichelbaum and unanimously approved. 

II REQUEST FROM STREET ARTISTS AND PROGRAM STAFF FOR RE-DESIGNATION OF 

SELLING SPACES "L-l" AND "L-2" (LEAVENWORTH STREET, WEST SIDE, 
BEACH TO JEFFERSON STREETS) BY EXEMPTING SPACES FROM DOORWAY 
REGULATION; EXTENDING BOARD OF SUPERVISORS RESOLUTION 629-89 

Program Director Lazar explained that the two spaces "L-l" and "L-2" 
had been in existence until a doorway was placed adjacent to them 
in a Cannery shop. Last year, after a hearing conducted by the 
Street Artists Program Committee with the artists and the Cannery 
management, the two spaces were re-designated by the Board of Super- 
visors by exempting them from the street artists ordinance's doorway 
regulation with the condition that their designation terminate on 
February 1, 1990 (to allow for an annual review by the Arts Commis- 
sion, the Cannery, and the artists). Mr. Lazar notified Mr. Chris- 
topher Martin, General Manager of the Cannery, who, he said, had not 
expressed any objection to their continuation, or re-designation, 
for another year. 

Commissioner Eichelbaum moved that the Arts Commission request the 
Board of Supervisors to re-designate the spaces for another year', 
subject to their exemption from the doorway regulation and to their 
termination on February 1, 1991; the motion was seconded by Commissioner 
Genera and unanimously approved. 

III RECOMMENDATIONS FROM STREET ARTISTS LIAISON COMMITTEE: AMENDMENTS TO 

SPACE OCCUPANCY PROCEDURE 

Mr. Lazar asked that this matter be continued to the March meeting 
of the Committee, to allow time for the dissemination of a new lot- 
tery proposal which had been presented at the last Liaison meeting. 
The Commissioners agreed to continue the matter. 

IV REQUESTS BY FORMER CERTIFICATE-HOLDERS FOR PRIORITY IN ISSUANCE OF 

CERTIFICATE 

A. Pascal Tao - Certificate #3336 expired December 30, 1989; his 
request for priority was received January 26, 1990. Commissioner 
Genera moved that Mr. Tao ' s request be approved; the motion was 
seconded by Commissioner Eichelbaum and unanimously approved. 

Continued 



STREET ARTISTS PROGRAM COMMITTEE - February 21, 1990 Minutes Page 5 



B. Edward Kissack - Certificate #30*4-8 expired January 1, 1990; 
his request for priority was received February 1, 1990. 
Commissioner Genera moved that Mr. Kissack 's request be approved; 
the motion was seconded by Commissioner Eichelbaum and unan- 
imously approved. 

C. David Sheppard - Certificate #559 expired January 7, 1990; his 
request for priority was received February 14, 1990. Commis- 
sioner Genera moved that Mr. Sheppard' s request be approved; 
the motion was seconded by Commissioner Eichelbaum and unan- 
imously approved. 

D. Michael Treon - Certificate #3593 expired December 28, 1989; 
his request for priority was received February 15, 1990. 
Commissioner Genera moved that Mr. Treon 's request be approved; 
the motion was seconded by Commissioner Eichelbaum and unan- 
imously approved. 

V NEW BUSINESS 

There was no new business. 

The meeting adjourned at 5 : 30 p.m. 



Respectfully submitted: 
Howard Lazar ^ 




A70,7S 



45 Hyde Street 

Suite 319 

San Francisco, C A 94102 

415 558 3463 



S£ STREET ARTISTS PROGRAM COMMITTEE 

^ March 21, 1990 

Department of Public Health Building 

Room 300 

101 Grove Street 

San Francisco, California 

DOCUMENTS DEPT. 






MINUTES 



I SO 

mioi re i >B©> 



MAYOR 
ArtAgnos 



COMMISSIONERS 

Barbara Sklar 
President 

Nancy Boas 
Vice President 

Vernon Alley 
Stanley Elchelbaum 
<lm Fowler 
Daniel Genera 
^nneHealy 
John Krlken 
Robert F. LaRocca 
^malla Mesa-Bains, Ph.D. 
?al Y. Okamoto 
Dodle Rosekrans 



EX OFFICIO MEMBERS 

'residents of the 
: lne Arts Museum 
.Ibrary Commission, 
lannhg Commission, 
Recreation and Park 
Commission 



Commissioners present: Genera, Eichelbaum 

Commissioner Genera, Chair, called the meeting to order at k:k0 p.m. 

I REQUEST FROM PROGRAM DIRECTOR FOR ORDINANCE TO COMPENSATE ADVISORY 
COMMITTEE OF STREET ARTISTS AND CRAFTSMEN EXAMINERS $50.00 PER 
MEETING/STUDIO VISIT, WITH A LIMIT OF Si, 250 PER YEAR 

Program Director Lazar explained that the Advisory Committee 
members had not received an increase in compensation since 1978; 
their compensation is $35*00 per meeting or studio visit with a 
limit of 30 studio visits/meetings per year. The Committee had 
recently requested $75-00 per meeting/studio visit. In order to 
balance next year's budget without raising the street artist fee, 
Mr. Lazar was recommending $50.00 per meeting x 25 meetings. 
Over the years, he found that the Committee had rarely used more 
than 2k meetings/studio visits per year. Commissioner Genera moved 
that the Board of Supervisors be requested to pass an ordinance 
to compensate the Advisory Committee of Street Artists and Crafts- 
men Examiners $50.00 per meeting or studio visit, with a limit of 
25 meetings/studio visits, or $1,250 per member, per year; the 
motion was seconded by Commissioner Eichelbaum and unanimously 
approved. 



DIRECTOR 
Claire N. Isaacs 




II REQUESTS BY FORMER CERTIFICATE-HOLDERS FOR PRIORITY IN ISSUANCE 
OF CERTIFICATE 

A. Peter Dekito - Certificate #3306 expired January 28, 1990; his 
request for priority was received February 1^, 1990. Commissioner 
Genera moved that Mr. Dekito' s request for priority issuance of 
certificate be approved; the motion was seconded by Commissioner 
Eichelbaum and unanimously approved. 

B. Keith Donube - Certificate #2996 expired August 7, 1989; his 
request for priority was received February 26, 1990. The 
Commissioners questioned Mr. Donube about why he waited so long 
to re-apply or request priority. Mr. Donube referred to his 
letter to the Program which related his stress last summer over 
the renovation of a hotel he was living in, his hospitalization, 
his falling behind on paying his bills. Commissioner Eichelbaum 
moved that Mr. Donube' s request for priority issuance of certificate 
be approved; the motion was seconded by Commissioner Genera and 
unanimously approved. 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - March 21, 1990 Meeting Page 2 



C. William Moore - Certificate #3^92 expired December 8, 1988; 

his request for priority was received March 2, 1990. Mr. Moore, 
referring to his letter to the Program, described his having to 
give up his street artist activities in order to help his family 
with his father who had had emphysema. After his father passed 
on, Mr. Moore stayed in San Jose with his family to help them 
stabilize their lives. Now that the family had recovered to a 
"normal" state, he wanted to get back to work. Commissioner 
Eichelbaum moved that Mr. Moore's request for priority issuance 
of certificate be approved; the motion was seconded by Commissioner 
Genera and unanimously approved. 

D. Ruth Levy - Certificate #2331 expired July 1, 1989; her reauest for 
priority was received March 9, 1990. Program Director Lazar informed 
the Committee that Ms. Levy had written to the Program last summer 
stating that, due to illness, she was unable to use her certificate 
and would have to let it expire. At the time, she also asked for 
consideration in being re-admitted into the Program at a future 
date, when her condition improved. (Mr. Lazar showed the Commis- 
sioners the letter from Ms. Levy's doctor which stated the illness.) 
Ms. Levy told the Commissioners that her illness was in remission 
and that she felt well enough to go out and sell her craft. Commis- 
sioner Eichelbaum moved that Ms. Levy's request for priority issuance 
of certificate be approved; the motion was seconded by Commissioner 
Genera and unanimously approved. 

E. Helen Ress - Certificate #3588 expired December 12, 1989; her 
request for priority was received March 13, 1990. Commissioner 
Genera moved that Ms. Ress' request for priority issuance of 
certificate be approved; the motion was seconded by Commissioner 
Eichelbaum and unanimously approved. 

III REQUEST BY ARTIST FOR MEDICAL "LEAVE OF ABSENCE" FROM PROGRAM 

A. Thomas Gilberti - Certificate #2869- Mr. Lazar reported that Mr. 
Gilberti, in his letter to the Program, wished to discontinue 
paying for his certificate for an indefinite period of time while 
he continued with his physical therapy, and to be given priority 
in obtaining a new certificate in the future. (Mr. Gilberti had 
suffered severe injuries from being struck by a car.) Commissioner 
Eichelbaum moved that Mr. Gilberti be given priority, after a period 
of one year after the expiration of his certificate, in the issuance 
of a new certificate, and that if, after such year, Mr. Gilberti 
his unable to receive a certificate, he may submit another request 
for priority issuance for a later time; the motion was seconded 
by Commissioner Genera and unanimously approved. 

IV REQUESTS BY APPLICANTS FOR PRIORITY SCREENING AND ISSUANCE OF 
CERTIFICATE 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - March 21, 1990 Meeting Page 3 



A. Sonia Gonzalez - applied July 2h, 1984, was notified February 25, 
1987 for screening but did not respond; her request for priority 
was received March 7, 1990. Mr. Lazar submitted Ms. Gonzalez' 
letter which stated that "by the time I received your correspondence, 
I no longer was making the craft that I wanted to market." Commis- 
missioner Genera stated that it appeared Ms. Gonzalez had voluntarily 
relinquished her opportunity in obtaining a certificate, that it had 

not been a matter of her not receiving the Program's notice. 
Commissioner Genera moved that Ms. Gonzalez' request for priority 
issuance of certificate be disapproved and that Ms. Gonzalez be in- 
vited to re-apply; the motion was seconded by Commissioner Eichelbaum 
and unanimously approved. 

B. Curtis Watrouse - was screened May 26, 1987 hut did not obtain a 
certificate. Mr. Watrouse did not appear. The Commissioners took 
no action on the request. 

C. Norman Walrath - applied May 29, 1986; did not receive the Program 
notice mailed to him August 30, 1988. Commissioner Eichelbaum moved 
that Mr. Walrath ' s request for priority screening and issuance of 
certificate be approved; the motion was seconded by Commissioner 
Genera and unanimously approved. 

V REQUEST BY STREET ARTIST FOR WAIVER OF "IN-PERSON" PROVISION OF RENEWAL 

POLICY FOR ONE YEAR 

A. Reint Smit - Certificate #331 / +. Mr. Smit ' s February 27, 1990 letter 

requested a one-year extension to renew his certificate by mail (without 
having to come to the office to sign the certificates) because of his 
inability to take time off of a full-time job to renew in-person. 
Commissioner Eichelbaum moved that Mr. Smit ' s request be approved; the 
motion was seconded by Commissioner Genera and unanimously approved. 

VI RECOMMENDATIONS OF STREET ARTISTS LIAISON COMMITTEE (meeting of 2/15/90) 

A. Amending Language to L°ttery Procedures (for inclusion in 1990 edition 
of Street Artists Program handbook). Mr. Lazar reported that this 
was additional language to clarify some of the already adopted lottery 
procedures and to hopefully clear up some ambiguities or misinter- 
pretations. Commissioner Eichelbaum moved that the amending language 
be approved; the motion was seconded by Commissioner Genera and 
unanimously approved. 

B. Multiple-Use Number System Lottery . Bill and Bob Clark presented 
their proposal, explained the present time-consuming procedures of 
"mini-mini" lotteries for spaces throughout a given day, and asserted 
that their proposal would eliminate the "minis" and save a great deal 
of time. Virginia Burris, the only artist to appear in opposition, 
held up a petition of 103 artist signatures, she said, opposing the 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - March 21, 1990 Meeting Page k 



proposal. She asked that it go back to the Liaison Committee for 
more members to look at it. 

Commissioner Eichelbaum noted that it was obvious that opposition 
was being encountered to change the system; he felt that the proposal 
should be tried for one month. Commissioner Genera said he saw the 
merit in the proposal and that it should be tried for three months. 
He also stated that any persons objecting to it should come to the 
Program Committee in person and not just via a petition. 

Commissioner Genera moved that the "Multiple-Use Number System Lottery" 
be approved as per a trial basis, commencing April 3rd; the motion was 
seconded by Commissioner Eichelbaum and unanimously approved. 

VII HEARING ON ALLEGED VIOLATIONS OF STREET ARTIST ORDINANCE 

A. Nguyen Tan - Certificate #3599- Mr. Tan did not appear. Art 

Inspector Noakes described the violations for which she had cited 
Mr. Tan in December, 1989 and January, 1990: (l) displaying items 
not in accord with Arts Commission criteria; (2) displaying items 
not of the artist's own creation; (3) displaying items not 
certified by the Arts Commission; (h) exceeding display size 
regulations; (5) selling in locations not designated by the Board 
of Supervisors. Program Director Lazar submitted the photographs 
of Mr. Tan's display and jewelry, as Ms. Noakes described the 
jewelry items in relation to similar items that one is able to 
purchase out of retail and wholesale stores; she further described 
the overs izedr.ess of his display on each of the occasions, as well 
as his selling not in .a legally designated space. 

Mr. Lazar informed the Committee of its right, under the authority 
of the Arts Commission's Hearing Procedure of Street Artist 
Violations, to recommend the standard penalties for the violations 
of which an artist has been charged if the artist fails to appear 
at his hearing. This right was stated in writing by Mr. Lazar 
in two letters sent to Mr. Tan. 

Commissioner Genera moved that Nguyen Tan be found in violation 
of the Street Artists Ordinance by displaying items not of his 
own creation, by displaying items not in accord with Arts Com- 
mission criteria, by displaying items not certified by the Arts 
Commission, by exceeding display size regulations, and by selling 
in locations not designated by the Board of Supervisors; and that 
Mr. Tan's certificate be suspended for a period of seven months 
and two weeks, the sum total of the standard penalties for such 
violations; the motion was seconded by Commissioner Eichelbaum 
and unanimously approved. 

VIII NEW BUSINESS 

There was no new business. 

m , . . . . . . £.__ Respectfully submitted: 

The meeting adjourned at 6:05 p.m. 5- . \_^? 

y^Myiel s%£ys*A — - 

Howard Lazar * 



Crvv^ 




PI70.15 



H5 Hyde Street 

5ulte319 

5an Francisco. CA 94102 

415 558 3463 



/ 



STREET ARTISTS PROGRAM COMMITTEE 

ril 18, 1990 

epartment of Public Health Building 
Room 204 
101 Grove Street 
San Francisco, California 

^MINUTES 



WVYOR 
MAgnos 



COMMISSIONERS 

3arbara Sklar 
'resident 

Mancy Boas 
i/lce President 

Vernon Alley 
Stanley Elchelbaum 
<lm Fowler 
Daniel Genera 
\nneHealy 
lohn Krlken 
tobert F. LaRocca 
\malla Mesa-Bains, Ph.D. 
tal Y. Okamoto 
)odle Rosekrans 



Commissioners present: Genera, Eichelbaum 

Commissioner Genera, Chairman, called the meeting to order at ^:30 p.m. 

I REQUEST BY APPLICANT FOR POSTPONEMENT OF SCREENING OF WARES 

A. Lak Lim Tan - letter-request for postponement of screening 
to October, 1990- Commissioner Genera moved that Mr. Tan's 
request be approved; the motion was seconded by Commissioner 
Eichelbaum and unanimously approved. 

II REQUEST BY FORMER CERTIFICATE-HOLDER FOR PRIORITY IN ISSUANCE 

OF CERTIFICATE 

A. Mary Lavin Natani - Certificate #3075 expired October 9, 1988; 
her request for priority was received March 23, 1990. Ms. 
Natani was not present. No action was taken on the request. 



IX OFFICIO MEMBERS 

'residents of the 
ine Arts Museum 
ibrary Commission, 
'tanning Commission, 
tecreatlon and Park 
-ommlssion 



JIRECTOR 
:iaire N. Isaacs 




III REQUESTS BY APPLICANTS FOR PRIORITY SCREENING OF WARES/CERTIFICATION 

A. Andreas Paulsen - applied March 26, 1982, was notifed on 
November 2, I983, but did not appear for screening. Mr. Paul- 
sen's request for priority was received September 26, 1989; 
Program Committee review of request, scheduled for January 17, 
1990, was continued at Mr. Paulsen's request to April. Mr. 
Paulsen was not present. No action was taken on the request. 

B. Curtis Watrouse - was screened May 26, 1987, but did not 
obtain certificate. Mr. Watrouse' s request for priority was 
received February 16 , 1990. Program Director Lazar read Mr. 
Watrouse 's letter which referred to his time in jail in New 
Mexico in February, 1988, and then probation and counseling. 
Attached to the letter was a letter from his probation officer, 
Michael Mason. Mr. Watrouse told the Commissioners that he 
was the same person whose name appeared as "Rick Watrouse" 

on his original application, that sometimes he does not put 
an "e" at the end of his signature when he is in a hurry. 
He stated that he had come out for his screening in May of 
I987, had signed certificate cards, and had then gone back 
to New Mexico. (He had thought he had paid for the cards, 
also; but the Program Director told the Commissioners that 
there was no record of his having paid for and received 
certification.) He was arrested in November, 1987* Commis- 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - April l8 , 1990 Minutes Page 2 



sioner Eichelbaum moved that Mr. Watrouse's request for priority 
screening of wares and. certification be approved; the motion was 
seconded by Commissioner Genera and unanimously approved. 

IV HEARING ON PROPOSED "MULTIPLE-USE NUMBER SYSTEM LOTTERY" 

Street Artist Bill Clark submitted an outline of how the present 
space-allocation lottery works and a comparison outline of how his 
proposed system would work. He, with the assistance of his brother 
Bob, explained in detail the proposal - "a rotational system that 
would give people a greater choice at prime spaces than they have 
now." The Commissioners acknowledged that they had received Mr. 
Clark's letter-response to the petition of signatures submitted 
against the proposal. Mr. Clark, in his presentation, addressed 
three major questions raised by the petition. 

Commissioner Eichelbaum stated that the present lottery system, 
already complicated, had received very few complaints, while Mr. 
Clark's proposal had made it more complicated - so much so, he said, 
that a person would have to be a mathematician to understand it - 
and so much opposition would be encountered because the proposal 
was so difficult to under t stand. The Commissioner himself had 
read it several times and still could not comprehend it. He could 
not see how it would remedy any wrongs of the present system when 
the present system did not seem to be faulty. In order to obtain 
a system that would improve on the present one, he said, it would 
have to be simpler than Mr. Clark's proposal; otherwise, it would 
antagonize everyone. 

Street Artist Mark Monsarrat , Chairman of the Street Artists Liaison 
Committee, said that the proposal should have gone to a vote of the 
artists before ever reaching the Arts Commission. Mr. Clark 
responded that every street artist has a constitutional right to 
redress their grievances without going to a larger group of artists 
for a vote, and that he felt he had a better opportunity for a fair 
hearing before the Arts Commissioners. His brother, Robert Clark, 
added that the voters in 1975 gave power to the Arts Commission, 
and not the street artists, to make the rules. 

Mr. Monsarrat submitted a petition of 115 signatures against the 
proposal. He asked why the first petition (from the previous month's 
meeting) had not been considered. Commissioner Genera stated that 
he wanted some of the petitioners to have come to the meeting and 
voice their objections personally and specifically to him. Mr. Mon- 
sarrat stated that at a recent Liaison meeting, thirty-three people 
took a vote against the proposal. 

In addition to Mr. Monsarrat, the following artists voiced their 
objections to the proposal to the Commissioners: Larry Rosenbloom, 
Eunice Rodriguez, E. J. Khazzoom, Kristin Kogure. 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - April 18 , 1990 Minutes Page 3 



Mrs. Eunice Rodriguez said she had been in the Program for fourteen 
years and that the present lottery system runs very well; she added 
that the present "unofficial" mini-lottery system (of which the 
Clark proposal was trying to replace) saves artists from having auto 
collisions - which had occurred previously - in racing to the spaces. 

Commissioner Genera stated that he liked Mr. Clark's proposal and 
presentation, but that he did not have to live with it or work with 
it. He went around to speak to many artists, and he had not heard 
from any who was in favor of it. Nor had he heard that the present 
system was wrong or was not working properly. 

Mr. Clark stated that he felt there was so much opposition to the 
proposal because under the present system, there were people who 
were able to monopolize spaces on the weekend, that family units 
had more opportunity than single artists in the lotteries. 

Commissioner Genera stated that no matter how good the proposal was, 
the majority, it appeared, did not want it and did not want the 
present system changed. If in the future the system requires changing 
or amending, this proposal could be re-considered. 

Commissioner Eichelbaivn moved that the Committee submit to the feeling 
of the majority of those artists who were heard, and that the proposal 
be tabled, and that in the future any changes in the workings of the 
space-assignment procedures be brought up before the artists themselves 
first . 

Bill Clark said that rather than have the Commission discuss the matter 
any further, he asked that the matter be tabled. 

Commissioner Genera moved that Mr. Clark's withdrawal of the proposal 
be accepted; the motion was seconded by Commissioner Eichelbaum and 
unanimously approved. 

There being no new business, the meeting adjourned at 6:08 p.m. 



Respectfully submitted 




Howard Lazar 

Director 

Street Artists Program 




Q-tf>^ --JV^^x^v^Ay 



J5 Hyde Street 

>ul»e319 

km Francisco, CA 94102 

J15 558 3463 



STREET ARTISTS PROGRAM COMMITTEE 

• "~ ——————— ——_____ 

May 16, 1990 

Department of Public Health Building 

Room ZOh 

San Francisco, California 



MINUTES 



Commissioners present: Genera, Eichelbaum 



DOCUMENTS DEPT. 

JUN ; 199fl 

,J U*3UC JJRPAOV 



MYOR 
VrtAgnos 



:OMMISSIONERS 

larbara Sklar 
resident 

Jancy Boas 
Ice President 

'ernon Alley 

tanley Eichelbaum 

ilm Fowler 

)anlel Genera 

vrmeHealy 

ohn Kriken 

obertF. LaRocca 

kmalla Mesa-Bains. Ph.D. 

al Y. Okamoto 

Jodie Rosekrans 



X OFFICIO MEMBERS 

residents of the 
ine Arts Museum 
ibrary Commission, 
fanning Commission, 
ecreatlon and Park 
Commission 



'IRECTOR 
:lolreN. Isaacs 



Commissioner Genera, Chairman, called the meeting to order at k'.JO p.m. 

I HEARING ON ALLEGED VIOLATIONS OF STREET ARTISTS ORDINANCE 

Celeste Fain - Certificate #3597. Alleged violations: (l) display 
of items (beadcraft items) not in accord with Arts Commission 
criteria; (2) display of items not of the artist's own creation 
(ivory pendant on chain). 

Program Director Lazar told the Commissioners that the wares of 
Ms. Celeste Fain were screened by the Advisory Committee of 
Street Artists and Craftsmen Examiners on November 30, 1989 1 
and the alleged incident of violation occurred on December 1^, 
1989. Mr. Lazar brought a video excerpt of Ms. Fain's screening 
which, he said, showed what she had submitted for approval and 
what had been discussed between her and the Advisory Committee. 
Prior to showing it, he asked that the Program Committee hear 
the report by Street Art Inspector Noakes. 

Inspector Noakes submitted photographs she had taken of Ms. 

Fain's display at the time of the alleged incident. The Inspector 

stated that Ms. Fain was set up on Stockton Street in space #1 

at a busy time during the Christmas season. She reported that 

she found on the display a pendant on a Y-shaped chain and 

numerous pendant earrings with fewer than the allowed minimum 

number of components:' some of these were of a "shell type" and 

others were of a "sanddollar type." Referring the Commissioners 

to the photos, she pointed to an alleged non-certified pendanh 

appearing to be primarily composed of n go] d mo In! in a pearl -like 

object. The ln.speel.or said thai; Ms. p'ain had not shown such an 

item at her screening. The Inspector pointed, in the photo, to 

some items of all pged' beadcraft items; this particular type, she said, 

was also not shown at the screening. There was, the Inspector- said, 

some work shown of shells which had "auxiliary" beads enhancing 

a cut nautilus shell, but items where mull i pi n shells were used 

in a bead-tike manner in a necklace arrangement wore not presented 

at all. The Inspector pointed, in the photo, to Ms. Wain's display 

of bolo ties; the Inspector said these were of much less work 

than Hie work shown at the screening, and thai, the holos themselves 




Continued, 



STREK1' ARTISTS PROGRAM CUMM JT'l'El'J - May 16 , 1990 Minutes Page 2 



were not. shown at. her screening. The Inspector pointed to the photo 
showing turquoise earrings with dangling objects; nothing like this 
was shown at Ms. Fain's screening, Inspector Noakes contended. Ms. 
Fain, she said, had put out work on her display that had not been 
screened and certified and that was characteristically different 
from that which had been screened. 

The Program Director stated that, in addition to the charge that Ms. 
Fain had displayed an item not of her own creation, Ms. Fain had 
displayed some items which the staff questioned whether they would 
have been approved due to the Commission's pendant criteria. The 
mere addition of a number of beads to a commercially manufactured 
pendant may or may not suffice; such an object definitely required 
a review by the Advisory Committee who has the authority to recommend 
approval or disapproval of the item. One of the items on Ms. Fain's 
display, he said, was a pair of shell-like earrings which would have 
been questionable by the Committee. To have an artist go out and sell 
something which was not reviewed is a violation. He said that the 
videotape of Ms. Fain's screening shows that the Committee was specific 
with her as to what she could sell. She had shown the Committee shells, 
he said, that were made into a sculpture; she did not show shell 
jewelry. The widest area of crafts violation in the Program, he said, 
is jewelry, and this has required the closest investigation. 

Inspector Noakes presented an item she purchased at a jewelry store 
on 2^th Street, San Francisco, which, she said, was similar to one 
of Ms. Fain's pendant objects shown in the photo. The piece on Ms. 
Fain's display had just one connector, or finding, which is not 
counted as a component, according to the criteria. 

Ms. Fain stated that there were stones mounted on the piece. 

Mr. Lazar stated that such an item was not shown to the Advisory Com- 
mittee; had it been shown, the Committee, he felt, would not have 
accepted it. 

Ms. Fain said she had not demonstrated stone-carving to the Committee, 
and that it was "part of lapidary art." Mr. Lazar said that the 
Committee would have wanted her to demonstrate carving in order to 
allow her to sell such a piece. Ms. Fain said that the directions 
on what to bring to the Committee were not explixit, and that she 
had brought a sample of various forms of art she wished to sell: 
she brought lapidary, floral arrangements, beadwork. 

Ms. Fain told the Commissioners that she presented, at her screening, 
polished and tumbled stones, and out. of these she made "teardrop 
turquoise." She said she also used shells as a mounting for polished 
cabochons. She said she presented beading represented in her shell- 
craft. She said she was not aware that it was required that beadcraft 
be screened as a separate genre in order for her to be certified to 
sell "beadcraft." She would like to have another screening for I his. 



Con I. i nued, 



TWKKT ARTISTS I'UUIHAM (H)MM ITTKK - Mny K>, I')')') Minul.nn I'n/rn 



As bo the carving, she said she was quite capable of carving; she 
thought that it name under the heading of "lapidary." She was willing 
to show this at her studio any time. In response to a question by 
Commissioner Eichelbaum, she stated that nothing on her display had 

been commercially bought - except for the strings that were on the 
bolo ties. The cabochons were ground; she said she works in all media: 
stone, shell, bone, petrified bone, whale bone. As to the seashells, 
she said she "stabilizes" the shells, which, .she said, is a lapidary 
process to save the shells from crumbling or cracking. She described 
methods of shell stabilization. 

Commissioner Genera asked Inspector Noakes what she meant by Ms. Fain's 
alleged display of items not of her own creation. Ms. Noakes responded 
that she was referring to the bolos that were rough-cut with no other 
process added to them, except the gluing of them to a bolo backing. 
Ms. Fain, she said, admitted on the videotape that she does purchase 
such items. A cabochon, the Inspector said, is a stone which is 
shaped at the grinding wheel; none of the bolo stone items had appeared 
to her to be shaped in that manner. They had rough edges. 

Ms. Fain responded that these stones had to be sliced and "flat lapped" 
to get the smooth sides, while the crystal was left rough because of 
its beauty. 

Ms. Noakes said that nevertheless it had not appeared that these items 
had been worked at by the same standard as that of the items shown 
at the screening, and no bolos had been shown at the screening. 

Commissioner Genera questioned Inspector Noakes on the "ivory pendant" 
she had cited. The Inspector stated that the piece had resembled 
similar pieces she had seen in Chinatown where there would be a Y-shaped 
gold chain attarhed to the ends of a little scene made in a curved 
ivory piece. 

Ms. Fain said that the "ivory" item was made out of "processed bone," 
and that she had done the carving on it. Mr. Lazar pointed out, again, 
that she had not shown the Advisory Committee any actual carving. While 
she had mentioned to the Committee that she had done her - own carving, 
the staff had asked the Committee to do a studio visit, to which the 
Committee had replied that it was not necessary. 

Commissioner Eichelbaum stated that nothing had so far been proven 

against Ms. Fain; there was no work on her table which she had not, 
in one way or another, produced. 

The Program Director stated that because the bulk of items on her display 
had not been shown at her screening, there was reason to suspect that 
the work may not have been done by iier. Many artists, lie said, had boon 
screened for certain craft categories and approved based on samples of 
their work; they had then turned around and sold items of the same 



Conti nued. 



'REFT ARIVLSTg PROGRAM CUMMITTFK - May 16, 1 990 Minutes Page 'i 



category but these items were, in fact, not made by the artist. In 
the present case, the staff did not see, in the personality of much 
of the work being displayed, items that looked like those which had 
been screened. No bolos nor finished earrings were shown at the 
screening; such items are easily imported. 

Commissioner Eichelbaum stated that he felt the only solution was to 
have the suspect objects brought to the Advisory Committee for a 
decision as to whether they qualify for certification. He did not 
feel there was any way for the Program Committee to determine whether 
the charges were valid. 

Commissioner Genera agreed and stated that, from the photos taken of 
the display, he was not able to tell whether the earrings were made 
by the artist or store-bought . He could not tell whether one of the 
items was plastic or bone. The pictures, he said, did not offer any 
evidence that the items were not of Ms. Pain's creation. Therefore, 
he could not make a decision on the charges. 

Program Director Lazar asked that Ms. Fain be directed to bring all 
items of her display to the Advisory Committee. The Advisory Committee 
itself, he said, has repeatedly asked to see many examples of a particular 
expression in order to be sure of an artist's handcraftsmanship. 

Commissioner Eichelbaum moved that the charges against Ms. Fain be 

dismissed and that Ms. Fain submit the items in question to the Advisory 

Committee of Street Artists and Craftsmen Exaimners; the motion was 
seconded by Commissioner Genera and unanimously approved. 

II REQUEST BY FORMER CERTIFICATE-HOLDER FOR PRIORITY IN ISSUANCE OF CERTIFICATE 

Program Director Lazar - reported that the former certificate-holder Danie] 

Katz had telephoned that day to request a postponement of his hearing 
to the following month, due to a work assignment which lie was unable to 
leave. The Commissioner stated that the hearing on Mr. Katz's request 
would be re-scheduled for the following month. 

III REQUEST BY APPLICANT FOR POSTPONEMENT OF SCREENING 

Louise Grabowski - letter of April 25, 1990 requesting postponement of 
screening to .January, 1991. Commissioner Eichelbaum moved that Ms. 
Grabowski 's request for postponement of screening until January, L991 
bo approved; the mol ion was seconded hy Onmim' ssi nrior Genr>ra and 
iinan i motui I y n pprovod . 

IV RECOMMENDATIONS FROM STREET ARTISTS LIAISON COMMITTEE (V5/90 meeting) 

A. Lottery Committor Members t.o Reserve the Privilege of Being Helper: 
"A Lottery Committee member may be n helper in n lot tory i F no one 
else wishes to be helper." Commissioner Eichelbaum moved that the 



(Ion I i nurd 



STREET ARTISTS PROGRAM COMMITTEE - May 16, 1990 Minutes Page 5 



Liaison Committee recorflmendatioj] stated above bo approved; the motion 
was seconded by Commissioner Genera and unanimously approved. 

B. Proposed Lottery Systems Require Vote by Street Artists: "No new 
lottery system will 1^ tried before there is a vote of approval by 
the street artists at a Saturday Irfttery." Program Director bazar 
explained that the Liaison Committee, in their vole, had made it clear 
that they did nol want any lottery proposal coming to the Arts Com- 
mission for consideration without its having first received a vote of 
approval by the si. root, artists. Mr. Laznr fell , however, that if this 
procedure were approved by I ho Commission, the Commission may be 
forfeiting or rosfriol i rig some of its diserel i onnry power'. Ho asked 
that the Committee not vote on I his. mil il a response to Ibis, quesl ion 
is given by the City Attorney. 

Commissioner donors said he d i d nol Cord eomfor I. ah I '■ wilh the prosmil 
wordi ng of the recommends I. i on . ^\<~ mover] that the Program I' i roe for bo 
authorized to write to the City Attorney Inr n response to the question 
of whether the Arts Commission would bo forfeiting or restricting its 
discretionary power; the motion was seconded by Commissioner I'lichel.baum 
and unanimously approved. 

C . Requirements for an Item to be Submitted by Liaison Committee to a Vofo 
by Artists : "The Liaison Cominil fee shall not present an Item 1.0 the 
Saturday lottery for - a vote unless there are at least five (')) Liaison 
Committee members approving Lt or a petition of twenty-five (25) street 
artists requesting that the item be voted on." Street Artist Bill Clark 
objected to this recommendation. He said that, by requiring five votes 
of the Liaison Committee to approve an item, a Liaison member- - an nrtis 
not elected to the Committee - has a vote equal to the vote of five 
artists. By saying that five Liaison members support an item, this in 
effect is equal to a petition of twenty-five artists. He asked that 
the Commissioners consider amending the language to say "... five 
Liaison Committee members approving it or a petition of five (3) street 
artists ..." 

Commissioner Genera asked what would happen if an artist had a proposal 
to submit to the Arts Commission but could not get either five votes 
of the Liaison Committee or a petition of five street, artist signatures; 
there would have to be a way, he said, for an artist to submit his 
proposal to the Commission. Program Director Lazar responded that the 
wording of the Liaison Committee's recommendation of item submittal 
requirements does not take away that right; however, the Liaison 
Committee's recommendation that any new lottery proposal would require 
a vote of the artists does take away the right. This, he said, is 
part of the question which the Program Committee has authorized the 
Director to submit to the City Attorney. 

Mr. Clark said that if he had a proposal whcih could not garner five 
Liaison votes or five street artist signatures, he could still go to 



Continued, 



5TJREET ARTISTS PKOGKAM COMM.I'l'TEE - May L6, 1990 Minutes 



ago 



i lie Commission, and CTlo Commiesioners would always haves the opl ion 
of dirool i rip; the proposal l.o the artists ror n vol. p. Mr. Clark 
suggested that, ilic proponnl amended t.anguago bo sonl bnol< l.o l.hr 
L i .'] i son ' !omm i 1. 1: nc for' review and then re— submi l.tod l.o I. ho Program 
Committee for re-consideration pending City Attorney response I" 
the previous rocommondnl ion. 

Commissioner Kichol.baum moved lli.it. the following amending language 
(underlined) to the Liaison Committee's recommendation be approved, 
submitted to the Liaison Committee, and re-submitted In the Program 
Committee: "The Liaison Committee shall not prer.onl an item to the 
Saturday lottery for a vote unless there are at least five ('>) Liaison 
Committee members approving it or a petition of five (5) street artists 
requesting that the item be voted on." 'The motion was seconded by 
Commissioner Genera and unanimously approved. 

V NEW BUSINESS 

Street Artist Bob Clark reported that his attorney was contacting the 
Board of Supervisors with a demand of $600,000 of street artist fees 
(which includes interest). He said this figure {less interest) 
accounted for fees that were illegally taken out of the Program and 
deposited into the General Fund during the years 1972 - 78. 

The meeting adjourned at 5*50 p.m. 



Respectfully submitted: 



Howard Lazar 

Director 

Street Artists Program 



kms COMMISSION #5 Van Ness Avenue, Suite 240, San Francisco, CA 94102 

1 70.75 ^ 

. , .. June 20, 1990 

boh* 






TREET ARTISTS PROGRAM COMMITTEE 



i 



Department of Public Health Bldg. 
101 Grove Street, Room 204 
San Francisco, California 

MINUTES 



Commissioners present: Daniel Genera, Stanley Eichelbaum 
Commissioner Genera, Chair, called the meeting to order at 4:30 p.m. 

I REQUESTS BY FORMER CERTIFICATE-HOLDERS FOR PRIORITY IN ISSUANCE OF 

CERTIFICATE 

A. Louis Welsh - Certificate # 2807 rxpired April 28, 1990; his request 
for priority was received by the Program on June 5i 1990. 

. B* Richard Ashton - Certificate #2865 expired May 6, 1990; his request 
for priority was received by Program on June 5» 1990. 

C. Mari-Ellen Rowe - Certificate #2573 expired March 5, 1990; her request 
for priority was received by Program June 7* 1990. 

D. Penelope Valle - Certificate #2404 expired April 8, 1990; her request 
was received by Program on May 29, 1990. 

E. Patricia Corcoran - Certificate #3487 expired May 25, 1990; her request 
was received by Program on June 12, 1990. 

F. Celeste Fain - Certificate #3597 expired May 28, 1990; no request for 
priority was received, but Ms. Fain demonstrated her interest in 
maintaining certification by screening a new item on June 14, 1990. 

G. Sarah Comerchero - Certificate #3274 expired May 24, 1990; her request 
by telephone was received June 8, 1990. 

Commissioner Eichelbaum moved that the requests of the above-named 
former certificate-holders be approved; the motion was seconded by 
Commissioner Genera and unanimously approved. 

II RECOMMENDATIONS FROM STREET ARTISTS LIAISON COMMITTEE (June 7, 1990 meeting) 

A. Amended language of initial Liaison Committee recommendation (4/5/90 
meeting) which was amended by Street Artists Program Committee (5/16/90 
meeting) ; additional language underlined ; deleted language in double 
parentheses (( )): 

"The Liaison Committee shall not present an item to the 
Saturday lottery for a vote unless there are at least five 
(5) Liaison Committee members approving it (( or a petition 
of five (5) street artists requesting that the item be 

Continued 



STREET ARTISTS PROGRAM COMMITTEE - June 20, 1990 Minutes Page 2 



voted on )). An item with the signatures of at least 
five (3) street artists may be presented to the Director 
of the Street Artists Program for its direct submittal 
(without prior Street Artists Program Committee or full 
Arts Commission review) to the Saturday lottery for a 
vote. " 

Commissioner Genera moved that the above amended language as recom- 
mended by the Liaison Committee be approved; the motion was seconded 
by Commissioner Eichelbaum and unanimously approved. 

Support of 1990-91 Program budget by maintaining present certificate 
fee of $230 and increasing the number of certificate-holders. 

Program Director Lazar reported that the Liaison Committee, in a five- 
to-one vote, recommended that, rather than raise the certificate fee, 
the number of certificate-holders be incresed to support the increased 
costs of the Program. (These costs, he said, were due to salary 
increases and, for the first time, the cost of office rent.) The 
Liaison Committee felt that the Commission and the artists should 
make effort this year in obtaining more sales spaces, on a city-wide 
basis, to accommodate the increased number of artists. 

Street Artist Robert Clark told the Commissioners that if the artists 
do not ask for spaces, they won't get them. He supported the Liaison 
Committee's recommendation. 

Street Artist Larry Rosenbloom stated that he did not support the 
recommendation. He suggested that the budget be scrutinized with an 
eye to cutting the number of staff people. 

The Program Director stated that he did not feel his three-member 
staff which served 500 street artists and several hundred waiting-list 
applicants was an extravagant number of personnel. Secondly, he stated 
that the number of street artist violations, requests for on-the-spot 
clarification and arbitration, continue to prove the need for an 
additional Art Inspector. 

Commissioner Eichelbaum stated that he could not understand the basis 
of Mr. Rosenbloom 's criticism when there was only three people to 
administer the Program, and that the criticism seemed invalid. 

Commissioner Genera stated that, rather than examine the budget, what 
should be explored is how more money can come into the Program - for 
example, late fees for certification. 

Commissioner Eichelbaum stated that it would seem that many spaces 
could be obtained in a lot of neighborhoods. 

Commissioner Genera moved that the Liaison Committee recommendation 
of supporting the 1990-91 Program budget by maintaining the present 
certificate fee of $230 and by increasing the number of certificate- 



Continued, 






STREET ARTISTS PROGRAM COMMITTEE - June 20, 1990 Minutes Page 3 



holders be approved; the motion was seconded by Commissioner 
Eichelbaum and unanimously approved. 

III REQUESTS BY APPLICANTS FOR POSTPONEMENT OF SCREENING 

A. William Fortinberry - requested postponement to May, 1991* 

B. Kenneth Gulley - requested postponement to August, 1991- 

C. Philip Gao - requested postponement to June, 1991« 

Commissioner Eichelbaum moved that the requests of the above-named 
applicants be approved; the motion was seconded by Commissioner 
Genera and unanimously approved. 

IV REQUESTS BY APPLICANTS FOR PRIORITY IN SCREENING/ISSUANCE OF CERTIFICATE 

A. Gong Sai Sia - applied March 28, 1986 ; received no notice of screening, 
Street Artist Joyce Kung and Yeu Wha Kung appeared and told the Com- 
missioners that Mr. Kung had brought Gong Sai Sia's application to 

the Program office when he (Mr. Kung) brought his wife's certificate 
in for renewal. Program Director Lazar stated that he had no reason 
to doubt the validity of Mr. Kung's statement, and that there was 
a possibility that the application may have been lost. 

Commissioner Genera moved that the request for priority by Gong Sai 
Sia be approved; the motion was seconded by Commissioner Eichelbaum 
and unanimously approved. 

B. Sonia Gonzalez - applied July 2*+, 198A-; she was appealing the Arts 
Commission's decision of April 2, 1990 to deny her earlier request. 
Commissioner Genera, upon reading Ms. Gonzalez' May 31 1 1990 letter- 
request, stated that her reasons, which she had not put forth in 

her earlier request, warranted a re-consideration of the Commission's 
decision. Commissioner Genera moved that the April 2, 1990 resolution 
be rescinded and that Ms. Gonzalez's request for priority be approved; 
the motion was seconded by Commissioner Eichelbaum and unanimously 
approved. 

V REQUEST BY CERTIFICATE-HOLDER FOR WAIVER OF ' IN-PERSON" PROVISION OF 

RENEWAL-BY-MAIL POLICY 

A. Joni Cresci - Ms. Cresci's letter stated that she was unable to 

come to the office to sign her certificate cards, due to job commit- 
ments, and that she requested to receive her cards by mail, to sign 
them, and mail them back for lamination. Commissioner Eichelbaum 
moved that Ms. Cresci's request be approved; the motion was seconded 
by Commissioner Genera and unanimously approved. 

The Commissioners asked that the "in-person" provision of the policy 
be placed on the following month's agenda for consideration of its 
rescission. The meeting adjourned at 5=36 p.m. 



Respectfully submitted: 



City and County 
of San Francisco 




5F 
A70.75 

0|isjto 



25 Van Ness Avenue 
Suite 240 

San Francisco, CA 94102 
(415) 554-9671 



^F^RTSCOM/wi: 



s 



STREET ARTISTS PROGRAM COMMITTEE 



. ^ugust 15, 1990 

Arts Commission Conference Room 

25 Van Ness Avenue 

San Francisco, California 

^ M I N U T E S 



Commissioners present: Genera, Eichelbaum 



D OCUMEr 
PUBLIC LIE 



MAYOR 
ArtAgnos 



COMMISSIONERS 

Barbara Sklar 
President 

Nancy Boas 
Vice President 

Vernon Alley 
Stanley Eichelbaum 
Kim Fowler 
Daniel Genera 
AnneHealy 
John Kriken 
Robert F. LaRocca 
Amalia Mesa-Bains. Ph.D. 
Rai Y. Okamoto 
Dodie Rosekrans 



EX OFFICIO MEMBERS 

Presidents of the 
Fine Arts Museum 
Library Commission, 
Planning Commission, 
Recreation and Park 
Commission 



DIRECTOR 
Claire N. Isaacs 



PROGRAMS 
Arts Festivals 
CMc Art Collection 
CMc Design Review 
Neighborhood Art* 
POPS Symphony Concerts 
Public Art Program 
Street Artists Licenses 



Suite 430 

Sate-Local Partnership 

415-554-9677 

ArtHouse 

415-554-9679 



Arts Commission Gallery 
155 Grove Street 
415-554-9682 



Commissioner Genera, Chair, called the meeting to order at 4:30 p.m. 

I RECOMMENDATIONS FROM STREET ARTISTS LIAISON COMMITTEE - 8/8/90 
MEETING 

A. Designation of Temporary Selling Spaces for Christmas Season, 
1990 : Spaces To Be Designated; Time Period for Spaces. (This 
item was taken out of order from the agenda, as the meeting 
room was filled with retail business personnel from the Union 
Square area.) 

Program Director Lazar reported that the Liaison Committee 
was recommending the re-designation of all spaces of last 
year's Christmas season in the downtown area (59 spaces) plus 
an additional 6l spaces in the downtown/Union Square area, 
39 spaces in the Financial District, and 28 spaces shared by 
the Castro and 24th Street business areas. This was the first 
time that spaces were being sought in areas other than downtown/ 
Union Square. The total request consisted of 187 spaces. This 
proposal came from the Liaison Committee's meeting of August 8th; 
the artists had given their proposals to the Program staff for 
submittal to the Program Committee. It was hoped that the 
Program Committee would then give an endorsing recommendation 
to the full Arts Commission in early September for a resolu- 
tion to be submitted to the Board of Supervisors. The matter 
could then be calendared for a Board committee hearing by the 
end of September and be heard by the full Board in early 
October. Mr. Lazar stressed that the proposal was for temporary 
spaces, not year-round spaces. The Liaison Committee was 
further recommending that the time period for the Christmas 
spaces be 90 days, November 1, 1990 through January 31, 1991, 
a departure from the past 8 years' designation whereby the 
spaces have been valid commencing the day after Thanksgiving 
and continuing through December 31st of the same year. 

After receiving the Liaison Committee's proposal on the 
previous Wednesday, Mr. Lazar spent the next several days 
personally checking out all the proposed locations to verify 
that the spaces could adhere to regulations, or, where 




Continued. 



STREET ARTISTS PROGRAM COMMITTEE - August 15, 1990 Minutes Page 2 



necessary, to request that certain spaces be exempt from certain 
regulation(s) , as had been done in many instances by the Board of 
Supervisors. Mr. Lazar completed his survey just an hour before 
the present Program Committee meeting, and then handed copies of 
the proposal and his own recommendations to Mr. Edward Lawson, 
Executive Director of the Union Square Association, and to Commis- 
sioners Genera and Eichelbaum. 

Commissioner Genera asked that Mr. Lazar read the list of requested 
new locations in the downtown/Union Square and Financial District 
areas. As he did so, Mr. Lazar described the space locations and 
noted, where necessary, the required regulation exemptions. (See 
attached list of spaces with staff recommendations . ) Some of the 
highlights were as follows: 11 spaces on Market and 5th Streets by 
Nordstrom; 20 spaces in the central promenade area of Union Square; 
39 spaces shared by both sides of California Street, Kearny to 
Battery Streets; 7 spaces on Stockton Street by Macy's and I. Magnin 
and 6 spaces on Powell Street by Saks, generally replacing many of 
the existing illegal vendors and charitable solicitors on these 
sidewalks; and the k traditional Christmas spaces at the BART entrance 
on Sansome Street at Sutter Street, to move northward, adjacent to 
Wells Fargo Bank, thereby replacing the existing (daily) illegal 
vendors . 

Mr. Edward Lawson, Executive Director of the Union Square Association, 
objected to the proposal for the following reasons: (l) The proposal 
increases the number of downtown spaces by 80-90 for this year; 
(2) the proposal puts spaces in areas considered "sacrosanct" due 
to Christmas traffic; (3) it requires a great number of regulation 
exemptions; (k) it ignores last year's complaints regarding the 
two spaces located by Qantas, as well as objections raised against 
the spaces adjacent to FAO Schwartz and most of Stockton Street; 
(5) the proposed spaces in Union Square are objectionable because 
the merchants are presently discussing a proposal for a retail 
outlet in the Square with the Recreation-Park Commission; (6) 
extending the time period for the spaces to a full three months is 
"outrageous," as the merchants have already had a bad year; (7) the 
new charitable solicitors ordinance, of whose draft both Mr. Lawson 
and Mr. Lazar had been a part while participating on a task force 
committee for the past three months, will eliminate many of the 
problems created by the charitable solicitors. In summary, Mr. 
Lawson said he based his objections on (l) accessability ; (2) 
visibility of the stores; (3) safety in terms of people not being 
forced into the streets because of crowds; (*+) competition; (5) 
general environment - "the environment is downgraded when we get 
an excessive number of people that create a carnival atmosphere 
on the sidewalks of a very fine shopping, entertainment, and dining 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - August 15, 1990 Minutes Page 3 



The Commissioners heard from the following persons: 

Russell. Keil, property owner in Union Square area and 24th Street: 
Mr. Keil stated that charitable solicitors and street artists, to 
the "retailer on the other side of the doors,"... represent "rent- 
free competition." The maintenance and repair of the sidewalk is 
the responsibility of the building owner - "he's paying to produce 
a site for competition" which "comes in rent-free in front of his 
store." People coming to San Francisco talk about "incredible 
congestion on the sidewalks ... proliferation of newstands, beggars, 
street people, merchants of one kind or another. We have a beautiful 
shopping district potential. We do not have a beautiful shopping 
district today." In looking at the entire issue, it is important to 
"try to have some sympathy with the merchant who's trying to make a 
living. ..." 

Robert Begley, Executive Director, Hotel Council of San Francisco: 
"We are shocked" at the proposed figures of "close to a hundred street 
merchants." Retailers, he said, are having a difficult time, along 
with major industry, "your convention and room business of the city 
from which these funds come. You participate in a Hotel Tax, and when 
business is down ... you're seeing what happens ... The major comments 
we are hearing in the city is the visual impact to the visitor coming 
in." He cited four street merchants in front of Macy's today, three 
of which "were based in Oakland. ... You allow people out there who 
pay no taxes. ..." 

Commissioner Eichelbaum clarified here that these "merchants" were 
not street artists but were charitable solicitors. 

Edward Phipps, Executive Director, Downtown Association: Mr. Phipps 
said that the proposal seemed "totally unreasonable. There was a long 
hassle with business and street artists to come to some kind of under- 
standing, go before the Board, set up certain rules and regulations; 
and now they go from fifty-nine to a hundred and eighty-seven in one 
year? That sends a good message out to the Board: What are we going 
to have next year - three hundred and sixty-five? ... It creates a 
troubled situation in the downtown area even from the standpoint of 
public hazard. At that time of the year, you're going to have a 
tremendous amount of traffic, the streets are crowded, and if you 
have any kind of incident ... fire, anything ... you're going to 
have one mess ..." 

Jessica Bernstein, San Francisco Chamber of Commerce: "The Chamber 
objects to the proposal because it was made without consulting 
with ... or having a dialogue with ... the merchants." 

Program Director Lazar responded that the Street Artists Liaison 
Committee is not obligated to notify the merchants, and that the 
purpose of today's Program Committee meeting was to provide such a 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - August 15, 1990 Minutes Page k 



dialogue now. Commissioner Genera then stated that while his Com- 
mittee was aware of the scheduled Liaison Committee meeting, his 
Committee did not know until now what spaces the artists were going 
to propose; and that the proposal was to be presented to his Com- 
mittee now for an opportunity for address by the merchants. 

Continuing on, Ms. Bernstein stated that the new amendments to the 
charitable solicitors law specifically outlaw charitable solicitors 
from parks ... Union Square, Coit Tower and Twin Peaks should be 
preserved as open spaces. Therefore, "it's not appropriate to allow 
street artists in" Union Square. 

An unidentified woman suggested that the Arts Commission send out a 
mail-out information to the "citizenry-at-large" who shop in the 
areas requested by the artists, informing them of the proposal. 

Mr. Lazar clarified that the agendas of all Arts Commission committee 
meetings are posted, and that the Street Artists Program does not 
have a budget for mailing to the citizenry with the exception of 
those individuals who request an agenda. 

Commissioner Eichelbaum asked if there was a reason given by the 
Liaison Committee as to the sizeable increase of spaces - which, he 
said, was a very large request. Mr. Lazar stated that the artists, 
like the merchants, were hurt by the slowdown of business in the 
aftermath of the earthquake, and that they feel they have the right 
to ask for other locations downtown and in the neighborhoods. They 
have never requested the neighborhoods before; they feel that business 
could be good for them and that they stimulate business in their 
areas. Street artists, in fact, direct shoppers to stores. Some of 
the downtown stores have even had street artist items in their windows 
while the artist who made the craft would be set up outside on the 
sidewalk. While it has been a difficult year for everyone - artists 
and merchants - the Liaison Committee feels that this could be a 
good Christmas that will benefit everyone. They do not feel, he 
said, that their presence will harm the merchants. 

Daniel Katz, former street artist: "You do have to remember that 
the populace voted for the Program where artists and craftspeople 
would have access to the public to show their work; and that means 
spaces where the public is, and that's Union Square in December." 

Commissioner Eichelbaum stated that the artists are paying a "hefty" 
license fee. 

Mr. Lawson stated that the street artist ordinance was passed at a 
time when there was "chaos on the streets ... there were street 
artists in every conceivable location similar to what you're talking 
about in this proposal today - just completely overrunning the city. 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - August 15, 1990 Minutes Page 5 



Everybody supported that ordinance because it would bring some order 
to a totally chaotic situation and regulate these people and limit 
them to the spaces where there was room for them and not on those 
congested areas and not all in one area." 

Mr. Lazar stated that "what was overrunning the city was illegal sales- 
people; the artists at that time were being regulated by both the Arts 
Commission and the Tax Collector, but the problem was that the Tax 
Collector's affidavit did not require" these people to' screen their 
wares in order to verify that they made them. Licenses were given 
indiscriminately by that office to many people who did not make what 
they were selling "and there were two thousand of them flooding the 
streets." 

Mr. Katz said he objected to the implication that street artists do not 
pay taxes: "Ive always paid quite a bit of tax." 

Mr. Lawson ascertained that the street artist fees revert to the Street 
Artists Program to cover the maintenance and enforcement of the Program. 
Mr. Lawson^ stated that "there was no receipt to the general population 
of the city; it all goes back into the Street Artists Program." Mr. 
Lazar responded that "the receipt to the general population of the city 
is that the street artists help the economy - with their goods and 
services, they have earning power and buying power, and they buy goods 
and services - retail goods." 

Mr. Lawson asked whether it was true that most of the artists in the 
Program lived outside the city. Mr. Lazar responded that it was not 
true that most lived outside the city, and that there is no law requiring 
city residence for the artists. 

An unidentified man stated that at the present time "anyone set up in 
the downtown area selling sweatshirts or jewelry is parked right there 
with their merchandise, and that creates additional problems in an 
already congested area ... They park there all day, every day. The 
Police Department does nothing about it, whereas they ticket the 
legitimate shoppers and employees. ... These additional people coming 
in will also have their vehicles, and they're going to be parked around 
there too ..." 

Mr. Lazar responded that he personally has called the Police when any 
street artist ever tried to park for a duration of time on Stockton 
Street, because when the Arts Commission and the street artists fought 
for those spaces to have a white zone exemption, it was with the 
understanding of the City Attorney's office and the Board of Supervisors 
that nobody woulr 1 park there; it would be used by the artists strictly 
for unloading and loading their displays. 

Street Art Inspector Noakes stated that she patrols that area regularly 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - August 15, 1990 Minutes Page 6 



and that there are no street artists parking there; there is, however, 
"an illegal vendor ... who parks regularly alongside of I. Magnin; 
there are businesses which Macy's seems to tolerate exceptionally 
well, to my view, which are so-called charitable organizations ... 
usually, at least three. Also, there are two city hot dog vendors 
which have no right to be within two hundred feet of each other, of 
which they never call the cops. Additionally, there are vehicles 
belonging to Macy's employees parked on the sidewalk on O'Farrell 
Street - about six usually most weekends." 

Harry Kanke of Macy's Union Square: "A big objection we have is the 
congestion on the west side of Stockton Street ..." With the charitable 
organizations, there is left "approximately six feet of space" for 
pedestrians. "If somebody happens to stop and look in the window, 
there goes another couple of feet. And the congestion at Christmastime 
is of such a nature that people are forced to walk in the streets. ..." 
In terms of congestion, "I think we're just trading one for another" 
according to this proposal. "At Christmastime, we try to make exciting 
windows, and we invite people to look in the windows. ..." 

Inspector Noakes stated that this was the same area where last Christ- 
mas there was a live demonstration in the window and there were 
charitable solicitors set up illegally in front of the windows, "and 
Macy's apparently did not call the cops on those." Mr. Kanke replied 
that they did telephone the Police. Ms. Noakes said that during the 
four hours she was there, the Police did not arrive. 

David Donlevy of I. Magnin stated that his store has the same problem 
with limited sidewalk space and charitable vendors - "traffic comes to 
a standstill ..." 

An unidentified man said that the sidewalks in the proposed locations 
will have tables six feet long with stacks of T-shirts. Mr. Lazar 
responded that the street artist tables are four feet long and five 
feet apart. The man asked Mr. Lazar to promise to be out there eight 
hours a day "with your measuring stick to make sure that they are four 
feet and adhere to the ordinance ..." Inspector Noakes intejected 
that she is out there doing this very job during Christmastime, on 
weekends and at nights as well. 

Bill Wilkins of Campton Place: "I think that ... the city is turning 
into a loathesome bazaar ... the sidewalks are crowded." He asked that 
the artists consider setting up in a separate marketplace but not 
where sidewalks are crowded ... The intersection of Geary and Stockton 
will be particularly crowded at Christmastime ... Street artists in 
that area would be "an inappropriate use of the space." Furthermore, 
"the Square itself should remain inviolate." 

Commissioner Genera asked the merchants present: If the Arts Commission 
went along with their request that no additional new spaces be designated, 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - August 15, 1990 Minutes Page 7 



would there be an objection to extending the street artist selling 
time from November 1st through January 31st? Mr. Lawson responded 
that there is objection; according to the language the Arts Commission 
passed on to the Board of Supervisors last year that the main shopping 
season was between Thanksgiving and December 31st, that was why this 
was the time period always allotted. His organization, he said, has 
no idea why the artists were now proposing three months: "I've heard 
no reasons for any of this except that some people that make these 
goods feel that they need more places to sell ... has nothing to do 
with the impact on businesses or the city or any solid reason other 
than they want to make money. I think this is an entirely wrong 
approach to the city. When we talk about what we represent is our 
interest, you know that we're talking about literally tens of 
millions of dollars in tax revenue to the city. We're talking a^out 
tens of thousands of jobs. ... I think we have to realize where our 
priorities must be in the city right now." 

Tom Lichtenberg of Books, Inc., said that "tripling the number of 
vendors and tripling the length of the season is an invitation for 
the illegals to come in ..." 

Carla Hickman of Qantas: "Our business is changed very little by the 
Christmas season, but we still are trying to move toilet paper off of 
trucks, and lightbulbs, onto a sidewalk elevator that obviously 
would not be covered" but nevertheless her building's access has to 
be considered. ..."We're going to be losing a lot of that front side- 
walk and are very concerned about that." 

Diane Kirkpatrick of Saks 5th Avenue: "I'm concerned about the ambiance 
and the safety because we are pressed very hard where safety regulations 
... The main point is we have such a variety of businesses here, if 
these people are that talented, then why don't they take the avenue 
and address it through the buying organizations of all of us and see 
if we're interested in selling their goods through the proper channels 
instead of having wholesale people on the street in competition with 
us. We are protecting the jobs of our people and our business. We 
do contribute heavily to taxes and support the city." 

Mr. Lazar pointed out that many of his Program's street artists have 
stores handling their works; some have even had their works handled 
by Shreve's and by Macy's. 

Diane Kirkpatrick affirmed that that was the "appropriate approach 
to take because there is such a veriety of merchants in San Francisco 
- legitimate retail merchants who pay taxes ... and are concerned 
about safety." 

Bill Aubugliaro, Risk Manager of the St. Francis Hotel, stated that 
while people have not been hurt directly by street vendors, indirectly 
people have been hurt: "... vendors are an attraction ... people 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - August 15, 1990 Minutes Page 8 



gravitate towards that attraction; therefore you have crowds, 
and when you have crowds you have problems. So West in St. Francis 
is totally opposed to adding any more vendors in the Union Square 
area." 

An unidentified man: "I don't think the economic argument should go 
unchallenged ... Clearly, this doesn't help the downtown area. It 
hurts it. And the $200 a pop in terms of the value of what people are 
paying for rent in that area is a rediculous amount of money." 

Commissioner Eichelbaum stated that he felt strongly that, considering 
how difficult it was to obtain the existing downtown spaces, the 
present proposal was an "unreasonable request and will only bring 
down ... a hue and cry" from the merchants at the Board of Supervisors. 
He further stated that he personally objected to placing street artists 
in Union Square. He could see no reason for this and felt it would 
create "a situation that would be unsightly" as well as a litter 
problem. "To conduct business in a park does not seem to be a rational 
request." He felt the artists should request a few more spaces as 
they have every year, but this tripling of spaces seemed "a strange 
idea." He said he could understand asking for neighborhood spaces - 
these are areas where the artists could be attractive to shoppers; 
but "for a wholesale increase of a number of spaces in the Union 
Square area, I do feel that it is a little unfair to the merchants." 

Commissioner Genera stated that he was not opposed to the artists 
asking for new spaces, but he felt that the Union Square Association 
and the merchants of that area would - with the present proposal - 
be bearing the brunt of the request; whereas he felt that the spaces 
should be spread out more throughout the city. "I would much rather 
see them ask for more spaces in areas that haven't been touched before, 
like 2^+th Street, Castro, and California Street." 

Commissioner Eichelbaum expressed his recommendation for California 
Street which, he said, is a wide thoroughfare and, in the area described, 
there are no retail shops. Commissioner Genera asked if anyone present 
had any objection to the proposed spaces on California Street. No 
one expressed objection. 

Mr. Lawson stated that there were a number of designated year-round 
spaces that have not been used - notably, Hallidie Plaza and Market 
Street where the sidewalks are wide. "The street artists want the 
heaviest possible traffic to make the maximum sales . . . But they 
should be spread out" and not where there is the heaviest foot traffic 
problem. 

Inspector Noakes said that the artists object to the insufficient 
policing on Market Street, that there is much theft, and that they 
only work there if they are unable to obtain better locations. 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - August 15, 1990 Minutes Page 9 



The Commissioners said they would support the spaces that were 
designated last year. 

Commissioner Genera moved that Mr. Lazar be directed to send the 
proposal back to the Street Artists Liaison Committee for an 
amended proposal that would (l) include all of the spaces designated 
the previous Christmas season; (2) include spaces on California 
Street (Kearny to Battery Streets), Market Street (including the 
proposed spaces by Nordstrom), Castro Street, and 2^th Street; 
(3) but would not include an increase of new spaces in the Union 
Square area (due to the saturation of spaces in the area and strong 
merchant opposition); and (4) would include the extended time period 
for such designation, as per the present proposal (November 1, 1990 
- January 31 1 1991); the motion was seconded by Commissioner 
Eichelbaum and unanimously approved. 

One of the representatives present cautioned about starting the street 
artist selling season earlier, as the streets would be congested due 
to the traditional conventions held in the first two weeks of 
November. Commissioner Eichelbaum said he did not think the streets 
were that congested in November, and "it's a wonderful time to shop 
because all the stores are already set up for their Christmas stocks." 



Mr, 



Lawson said his group will be opposing the extended time period, 



Commissioner Genera stated that he sensed that if the additional 
spaces are not obtained for the artists, the charitable groups and 
the illegal vendors will move in and take them. The merchants, he 
said, will have to deal with that. 

Commissioner Eichelbaum asked Mr. Lazar to inform the Liaison Committee 
of the very strong opposition to the proposed increased time period, 
and that the opposition will probably get louder. 

II REQUESTS BY FORMER CERTIFICATE- HOLDERS FOR PRIORITY IN ISSUANCE OF 
CERTIFICATE 

A. Daniel Katz - Certificate #15^^ expired August 2h, 1989; his request 
for priority was received by the office on April 2?i 1990; his 
request for hearing with Program Committee was postponed to the 
present meeting at Mr. Katz' request. 

B. Ronald Campbell - Certificate # expired August 1, 1986; his 

request for priority was received by the office on April 16, 1990; 
his request for hearing with Program Committee was postponed to the 
present meeting at Mr. Campbell's request. 

C. Sherwin Stample - Certificate # expired October 22, 1982; his 

request for priority was received by the office on August 1, 1990. 



Continued, 



STREET ARTISTS PROGRAM COMMITTEE - August 15, 1990 Minutes Page 10 



Commissioner Genera moved that the requests of former certificate- 
holders Daniel Katz, Ronald Campbell, and Sherwin Stample for 
priority issuance of certificate be approved; the motion was 
seconded by Commissioner Eichelbaum and unanimously approved. 

III REQUEST BY APPLICANT FOR PRIORITY ISSUANCE OF CERTIFICATE 

A. Francois Bergez - was screened by Advisory Committee of Street Artists 
and Craftsmen Examiners on April 12, 1990, but did not pay for his 
certificate. Commissioner Genera moved that Mr. Bergez' s request for 
priority issuance of certificate be approved. 

IV RECOMMENDATIONS FROM STREET ARTISTS LIAISON COMMITTEE - 8/8/90 MEETING 

A. Proposal for Choosing Lottery Committee Members (drawing names of 
volunteers from a hat). Program Director Lazar reported that the 
Liaison Committee voted 6 to 5 against the proposal submitted by 
street artist Bob Clark, but voted 8 to 1 to have it placed on the 
ballot for a vote of the street artists at the next Lottery Com- 
mittee election (Saturday, August 25th). The artists' vote will 

be reported to the Program Committee at its next meeting in September; 
at that time, the Program Committee will be asked to vote for its 
recommendation for submittal of this proposal to the full Arts Com- 
mission in October. 

B. Lottery Rule : prohibiting any artist from taking his/her lottery 
number from the pull-out of lottery slips before the name of each 
participating artist is called. The Liaison Committee unanimously 
voted to recommend that the Arts Commission approve the following 
language to be added to the lottery procedures ("PROCEDURES FOR 
SALES SPACE OCCUPANCY RULE"): "No lottery slip from the pull-out 
of lottery slips shall be removed until the name has been called. 
The lottery slips must be called in numerical order, from the low- 
est to the highest." Commissioner Eichelbaum moved that the above 
language of the lottery rule be approved; the motion was seconded 
by Commissioner Genera and unanimously approved. 

V HEARING ON ALLEGED VIOLATIONS OF STREET ARTIST ORDINANCE 

A. Chuck Wing Lee - Certificate # 363O. Alleged violations: (1) selling 
in an area not designated by the Board of Supervisors (selling at 
Chinatown gate); (2) exceeding display length and height regulations. 
Mr. Lee presented two documents: a letter requesting the assistance 
of an interpreter in Cantonese and a Peddler's License issued by the 
Tax Collector for "various locations." Program Director Lazar asked 
that Mr. Lee's hearing be continued to allow time for Mr. Lazar to 
check with the Police and the Tax Collector as to whether the 
Peddler's License entitles Mr. Lee to set up at Chinatown gate; and 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - August 15, 1990 



Page 11 



to try to arrange for an interpreter to be present at the next 
meeting. The Commissioners consented to this. 

There being no new business, Commissioner Genera moved to adjourn 
the meeting; the motion was seconded by Commissioner Eichelbaum 
and unanimously approved. 



The meeting adjourned at 6:12 p.m. 



Respectfully submitted: 

Howard Lazar ^ 

Director 

Street Artists Program 






ty and County 
San&anclsco 




Van Ness Avenue 

Ite240 

n Francisco. CA 94102 

15) 554-9671 



^ 



TREET ARTISTS PROGRAM COMMITTEE 



•^October 10, 1990 

'' 25 Van Ness Aveni 



Avenue 

Conference Room - Suite 70 
San Francisco, California 



I N U T E S 



Commissioners present: Genera, Eichelbaum 



DOCUMENTS DEPT. 

OECj 

|»AN FRANCSCCO 
PUBLIC LIBRARY 



\YOR 
tAgnos 



3MMISSONERS 

rbara Sklar 
»sldent 

incy Boas 
;e President 

>rnon AHey 

inley Eichelbaum 

n Fowler 

inlet Genera 

meHealy 

hn Krlken 

toert F. LaRocca 

nalla Mesa-Bains. Ph.D. 

i Y. Okamoto 

•die Rosekrans 



OFFICIO MEMBERS 

ssldents of the 
e Arts Museum 
jrary Commission, 
inning Commission, 
creation and Park 
xnmbslon 



SECTOR 
aire N. Isaacs 



OGRAMS 

is Festivals 

Ac Art Colectton 

Ac Design Review 

Hghborhood Arts 

•PS Symphony Concerts 

bile Art Program 

set Artists Licenses 



te430 

te-Local Partnership 

V554-9677 

House 

5-554-9679 



s Commission Gallery 
5 Grove Street 
>-554-9682 



Commissioner Genera, Chair, called the meeting to order at ^:30 p.m. 

I AMENDMENT TO ARTS COMMISSION POLICY OF "CERTIFICATE RENEWAL BY 

MAILED PAYMENT": PROVISION FOR EXTENDED TIME PERIOD FOR 
RENEWAL BY MAIL 

The following amending language ( underlined ) , drafted by Program 
Director Lazar, to the Arts Commission's policy of "Certificate 
Renewal by Mailed Payment," adopted July 12, 1982, was moved by 
Commissioner Genera, seconded by Commissioner Eichelbaum, and 
unanimously approved for recommendation to the Commission: 

CERTIFICATE RENEWAL BY MAILED PAYMENT: Whenever a 
street artist comes to the Street Artists Program 
office for renewal of certificate, the artist may 
sign and leave on file two blank certificate cards 
and necessary postage for mailing of the cards; upon 
receipt of the artist's mailed payment for each of the 
next two renewals, the staff shall validate and 
laminate the signed card and shall mail it to the 
artist. In the event that an artist requires an 
extended period of renewals-by-mail, the artist must 
submit a request for such extension of time in writing 
to the Director of the Street Artists Program, where- 
upon the applicable information and new expiration 
date will be entered onto a certificate card and then 
mailed to the artist for the artist's signature and 
returning of the card to the Street Artists Program 
for lamination and re-mailing to the artist. 

II RESULTS OF STREET ARTIST VOTE ON PROPOSAL FOR CHOOSING LOTTERY 

COMMITTEE MEMBERS (DRAWING NAMES OF VOLUNTEERS FROM A HAT) 

Program Director Lazar reported that, in keeping with the Liaison 
Committee's request to place the proposal on the ballot for a 
vote of the street artists, on August 25, 1990 the artists voted 
26 to 11 against the proposal. The Commissioners chose to continue 
consideration of the proposal pending receipt of further informa- 



Continued. 




STREET ARTISTS PROGRAM COMMITTEE - October 10, 1990 Minutes Page 2 

tion from the proposal's authors. 

III REQUESTS BY APPLICANTS FOR POSTPONEMENT OF SCREENING/CERTIFICATION 

A. Shiou-chang Cheng - requesting postponement to April, 1991. 

B. Tiee-Ren Yang - requesting postponement to August, 1991. 

Commissioner Genera moved that the requests by Shiou-chang Cheng 

and Tiee-Ren Yang be approved; the motion was seconded by Commissioner 

Eichelbaum and unanimously approved. 

IV REQUEST BY APPLICANT FOR WAIVER OF 10-DAY PERIOD TO PAY FOR CERTIFICATE 

A. Edward Everett-Ronning - was screened and approved by the Advisory 
Committee of Street Artists and Craftsmen Examiners on August 9i 1990 
but failed to submit payment for certificate within the allotted ten- 
day period. Commissioner Genera moved that Mr. Everett-Ronning' s 
request for waiver of the ten-day period be approved; the motion was 
seconded by Commissioner Eichelbaum and unanimously approved. 

V REQUESTS BY FORMER CERTIFICATE-HOLDERS FOR PRIORITY IN ISSUANCE OF 

CERTIFICATE 

A. Randy Wilkinson - Certificate #3697 expired September 1, 1990; his 
request for priority was received by Program on October 2, 1990. 

B. Florence Hackel - Certificate #3682 expired July 26, 1990; her request 
for priority was received by the Program on September 19, 1990. 

C. Marc Michel - Certificate #3*+90 expired May 25, 1990; his request 
was received by the Program on September 12, 1990. Mr. Michel told 
the Commissioners that he had failed to renew his certificate 
because at the time he had been unable to pay for it. 

Commissioner Genera moved that the requests of Mr. Wilkinson, Ms. 
Hackel, and Mr. Michel be approved; the motion was seconded by Com- 
missioner Eichelbaum and unanimously approved. 

VI HEARINGS ON ALLEGED VIOLATIONS OF STREET ARTIST ORDINANCE 

A. Chuck Wing Lee - Certificate #3630. Alleged violations: (l) Selling 
in an area not designated by the Board of Supervisors; and (2) 
exceeding display height and length regulations. (hearing continued 
from September 12, 1990) Mr. Lee was not present. Commissioner 
Genera moved that the Program office request Mr. Lee to appear at 
the next Committee meeting and to inform Mr. Lee that failure to 
appear will result in the Committee's recommendation to the full 

Continued 



STREET ARTISTS PROGRAM COMMITTEE - October 10, 1990 Minutes Page 3 



Arts Commission that Mr. Lee be found in violation of the street 
artists ordinance for selling in an area not designated by the Board 
of Supervisors and for exceeding the display height and length regu- 
lations and that his certificate be suspended for six weeks; the 
motion was seconded by Commissioner Eichelbaum and unanimously ap- 
proved. 

B. Hubert Emerson Ortis - Certificate #35&0. Alleged violations: 
(l) Selling in an area not designated by the Board of Supervisors 
(repeat violation); and (2) improper conduct of business (verbal 
abuse and harrassment of Arts Commission staffperson) . Program 
Director Lazar summarized the alleged incidents involving the first 
alleged violation (February 5, May 19, June 29, July 14, and July 15, 
1990) and the second violation (July 15, 1990), and presented 
photographic evidence taken by the Art Inspector. The Program 
Director also called the Commissioners' attention to the Arts Com- 
mission's resolution on December 6, 1989, which found Mr. Ortis in 
violation of the street artists ordinance by selling in areas not 
designated by the Board of Supervisors and which, in lieu of 
suspending his certificate for the standard three-week period of 
suspension for such violation, warned him that any future such 
violation shall result in the standard six-week suspension for 
second violation. 

The Commissioners heard from Mr. Ortis whose main points were as 
follows: (1) His promise to the Commissioners last December that 
he would no longer sell in areas not designated by the Board of 
Supervisors was contingent on the Art Inspector staying away from 
him; (2) since the Art Inspector continued to check up on him and 
"harrass" him, he chose to sell in areas not designated by the 
Board of Supervisors; (3) he chose to sell in such areas also because 
the Arts Commission is allowing some people to continue selling 
merchandise they do not make; (k) he did not abuse or harrass the 
Art Inspector. (Upon questioning before the Committee by the 
Program Director, Mr. Ortis said that when he told the Art 

Inspector, "Watch your a ," he did not mean it as a personal 

threat but as a caution against her actions possibly incurring 
a lawsuit from Mr. Ortis against the Commission.) 

Art Inspector Noakes testified to the submitted evidence and the 
dates of the alleged incidents, read from her logbook, and told 
the Commissioners that Mr. Ortis had, in addition to verbally 
abusing her, waived a tool at her close to her face in a hostile 
manner. 

Commissioner Genera moved that Mr. Ortis be found in second offense 
of the violation of selling in an area not designated by the Board 
of Supervisors, and that the standard penalty of six weeks suspension 
of certificate be imposed as per the December 6, 1989 Arts Commission 
resolution warning that any future such violation by Mr. Ortis shall 



Continued- 



STREET ARTISTS PROGRAM COMMITTEE - October 10, 1990 Minutes Page k 



result in the standard six-week suspension for second violation, 
and that Mr. Ortis may exercise his right to appeal this recom- 
mendation to the full Commission; the motion was seconded by Com- 
missioner Eichelbaum and unanimously approved. 

Commissioner Genera moved that, due to a lack of preponderance of 
evidence, Mr. Ortis not be found in violation by improper conduct 
of business, but that Mr. Ortis be given a warning that any verbal 
abuse, or harrassment , of an Arts Commission staff person or another 
street artist will not be tolerated and will warrant further 
investigation, and that a conference of Mr. Ortis, Art Inspector 
Noakes, and Program Director Lazar be held to resolve any problem 
of communication; the motion was seconded by Commissioner Eichelbaum 
and unanimously approved. 

Mr. Ortis said he intended to appeal the first recommendation to the 
full Arts Commission at its next meeting in November and to request 
that the Commission either divide the suspension time into other 
times of the year or to defer the entire suspension to another time 
of the year. 

There be no new business, Commissioner Genera adjourned the meeting 
at 6:12 p.m. 



Respectfully submitted: 




Howard Lazar 

Director 

Street Artists Program 



ry and County 
San Francisco 




SF 
AHO ,15 

ulinho 



Van Ness Avenue 

Ite240 

n Francisco. CA 94102 

15)554-9671 



CSlP^t 'JjdXXA^yui^r ydt^XUyv 



/ STREET ARTISTS PROGRAM COMMITTEE 



.^November 1^, 1990 
■J^Conference Room (basement area) 



'7 



25 Van Ness Avenue 

San Francisco, California 



e 



MINUTES 



DOCUMENTS DEPT. 

OEC 1 

SAN FJMNCSSCO 
PUBLIC LIB.TARY 



\YOR 
tAgnos 



3MMISSIONERS 

irbara Sklar 

jsident 

jncy Boas 
;e President 

>rnon Alley 

jnley Elchelbaum 

n Fowler 

jnlel Genera 

meHealy 

hn Kriken 

»bert F. LaRocca 

nalla Mesa-Bains. Ph.D. 

il Y. Okamoto 

xile Rosekrans 



i OFFICIO MEMBERS 

Bsldents of the 
ie Arts Museum 
xary Commission, 
annlng Commission, 
(creation and Park 
xnmlsslon 



RECTOR 
aire N. Isaacs 



IOGRAMS 

ts Festivals 

vie Art Collection 

vie Design Review 

ilghborhood Arts 

)PS Symphony Concerts 

ibllc Art Program 

•eet Artists Licenses 



Urn 430 

ate-Local Partnership 
5-554-9677 
tHouse 
5-554-9679 



ts Commission Gallery 
5 Grove Street 
5-554-9682 



Commissioners present: Daniel Genera, Stanley Eichelbaum 
Commissioner Genera, Chair, called the meeting to order at k:J>2 p.m. 

I REQUESTS BY APPLICANTS FOR POSTPONEMENT OF SCREENING/CERTIFICATION 

A. Arleen Scoggins - request for postponement to May, 1991* 

B. Jane Siegel and Deke Hammitt - request for postponement to 
August, 1991. 

C. Yolanda Castillo-Baltz - request for postponement to June, 1991 • 

Commissioner Genera moved that the requests for postponement of 
screening/certification for street artist certificate, submitted 
by Arleen Scoggins, Jane Siegel, Deke Hammitt, and Yolanda 
Castillo-Baltz, be approved; the motion was seconded by Commis- 
sioner Eichelbaum and unanimously approved. 

II REQUESTS BY FORMER CERTIFICATE-HOLDERS FOR PRIORITY IN ISSUANCE 

OF CERTIFICATE 

A. Manuel Orantes - Certificate #17^5 expired July 17, 1989; Mr. 
Orantes' request for priority was received by the Program office 
on October 23, 1990. Mr. Orantes referred the Commissioners to 
his letter-request which cited his reason for relinquishing his 
certificate: he had attempted to go to Guatemala to help his 
ailing father. Commissioner Genera moved that Mr. Orantes' 
request for priority be approved; the motion was seconded by 
Commissioner Eichelbaum and unanimously approved. 

B. Paul Smith - Certificate #3335 expired December 30, 1989; Mr. 
Smith's request for priority was received by the Program office 
November l*f, 1990. Street Art Inspector Barabra Noakes stated 
that she had observed Mr. Smith selling without a license in 
space # J-5 (Jefferson Street) on two occasions this past year. 
Mr. Smith admitted to the Commissioners that he sold illegally 
on August 12, 1990. He stated that he had relinquished his 
certificate because of his regular job with the Red-and-White 
Fleet who, in the aftermath of the earthquake, increased his 
work hours. Commissioner Genera warned him against any further 




Continued. 



STREET ARTISTS PROGRAM COMMITTEE - November lk, 1990 Minutes Page 2 



attempt to sell without a street artist certificate. Commissioner 
Eichelbaum endorsed the warning, stating any further attempt would 
jeopardize the selling situation for all the artists. Commissioner 
Eichelbaum moved that Mr. Smith's request for priority be approved; 
the motion was seconded by Commissioner Genera and unanimously 
approved. 

Ill HEARINGS ON ALLEGED VIOLATIONS OF STREET ARTIST ORDINANCE 

A. Jose Ruiz - Certificate #3670. Program Director Howard Lazar 
stated the Program's charges against Mr. Ruiz stemming from an 
alleged incident of September 3i 1990, as per the report sub- 
mitted by Inspector Noakes: (l) improper conduct of business 
(disrupting the business of another street artist - Amy Dong - 
while shouting at and directing obscene gestures to the Art 
Inspector); (2) obstructing the duty of the Art Inspector; and 
(3) assaulting a staff person (hitting the Art Inspector in the 
face) of the Arts Commission. Mr. Lazar submitted copies of 
the Inspector's report and original photographs showing Mr. 
Ruiz pointing his finger into the camera lens and Amy Dong's 
attempts to escort Ruiz back to his stand, the Police Incident 
Report Form, and the Inspector's "Visit Verification" slip 
from Kaiser Hospital. 

Inspector Noakes described the incident chronologically in detail, 
described the action depicted in her photos, and stated that prior 
to Ruiz' hitting her, she had received a strong shove from behind 
and when she turned she saw Ruiz hurrying away from her. 

Mr. Ruiz stated that he had thought that the Inspector had made 
derogatory remarks about his craft on the preceding day, which 
had angered him. On the next day, he said, the Inspector tried 
to photograph him - he said she "chased" him "around" with the 
camera- he did not want her to photograph him; he held out his 
hand, he said, to stop her from photographing him, and she ran 
into his hand with the camera which hit her in the face. 

Inspector Noakes testified that Mr. Ruiz had made no attempt to 
talk to her, that he pursued her and shoved her - this, she said, 
was premeditative and not done "in the heat of passion." She 
further stated that she has the right, in the line of duty, to 
take photos of, and to cite an artist for, unbusinesslike 
behavior. 

Street artists Sally Rowley and Larry Rosenbloom spoke in support 
of Mr. Ruiz' businesslike behavior during the times they have sold 
near him. 

Mr. Ruiz denied he followed the Inspector down the street and 
shoved her. 

Continued 



STREET ARTISTS PROGRAM COMMITTEE - November 1^, 1990 Minutes Page 3 



Program Director Lazar stated that he had requested witness Amy 
Dong to appear and to testify but she had failed to do so. He 
submitted her statement which testified to hearing Ruiz arguing 
with the Inspector but not actually seeing "the hitting or shoving." 

Commissioner Eichelbaum stated that Ruiz's behavior had been 
"childish ... an uncontrolled temper tantrum." Unless the assault 
was serious, he said, or unless the Inspector wanted to press 
charges, the Commissioner felt that a strong warning to Mr., Ruiz 
would be in order, that any further such behavior would not be 
tolerated. 

Commissioner Genera stated that it was obvious there had been 
physical contact and a misunderstanding, but he could not believe 
that Mr. Ruiz deliberately punched Inspector Noakes. If there 
was actual evidence - witness testimony or a photograph - of Mr. 
Ruiz hitting the Inspector, the Commissioner said he would 
recommend revoking him. 

Program Director Lazar requested the Commissioners to recommend 
revocation of Mr. Ruiz's certificate. 

Commissioner Eichelbaum noted that Mr. Ruiz had no record of previous 
offenses or disturbances in the Program, that two artists had 
testified to his character in positive terms, and that there was 
no preponderance of evidence to support the charges. Commissioner 
Eichelbaum moved that Mr. Ruiz be given a warning that the Program 
Committee would recommend a six-week suspension of Mr<> Ruiz's certifi- 
cate for any future incident involving Mr. Ruiz with improper conduct 
of business, whether such improper conduct involves the Commission 
staff or another artist, or for obstructing the duty of an Arts Com- 
mission staff per son, and the Program Committee would recommend 
revocation of Mr. Ruiz's certificate for any future incident of 
assault against anyone; the motion was seconded by Commissioner 
Genera and unanimously approved. 

B. Chuck Wing Lee - Certificate #3630. Mr. Lee did not appear. 

Program Director Lazar told the Commissioners that, at their request, 
he had written to Mr. Lee on October 22nd, stating that the Program 
Committee was informing him that if he failed to appear at the next 
Committee hearing (November 1*0, the Committee would recommend to 
the full Commission that he be found in violation of the street 
artist ordinance for selling in an area not designated by the Board 
of Supervisors and for exceeding the display height and length 
regulations and that his certificate be suspended for six weeks. 

Commissioner Eichelbaum stated that he recently saw Mr. Lee and 
his display in the non-designated (illegal) location, the Chinatown 
Gate. The Commissioner stated that Mr. Lee's display was defacing 
a work of public art. Commissioner Genera moved to recommend 



STREET ARTISTS PROGRAM COMMITTEE - November Ik, 1990 Minutes 



Page k 



to the full Commission the above findings of violation and a six- 
week suspension of Mr. Lee's certificate; the motion was seconded 
by Commissioner Eichelbaum and unanimously approved. 



IV NEW BUSINESS 

As Commissioner Genera would be out of town at the time of the next 
scheduled meeting date, the Commissioners decided to not have a Program 
Committee meeting in December and to meet again in January. 



The meeting adjourned at 5^30 p.m. 



Respectfully submitted: 



Howard Lazar 

Director 

Street Artists Program 



ty and County 

San Francisco A lf\ fjdl 




?REET ARTISTS PROGRAM COMMITTEE 



^January 9, 1991 
/Arts Commission 



Van Ness Avenue 
Ite 240 

in Francisco. CA 94102 
15) 554-9671 



Conference Room 
25 Van Ness Avenue 
San Francisco, California 



MINUTES 



DOCUMENTS f^r PTi 



■ 



Commissioners present: Genera, Eichelbaum 



SAN FRANCI^O 
PUBLIC LIBRARY 



AYOR 
tAgnos 



DMMISSIONERS 

irbara Sklar 
asldent 

jncy Boas 
;e President 

>rnon Alley 

anley Eichelbaum 

n Fowler 

jnlel Genera 

rteHealy 

>hn Krlken 

>bert F. LaRocca 

nalla Mesa-Bains. Ph.D. 

il Y. Okamoto 

xile Rosekrans 



t OFFICIO MEMBERS 

esldents of the 
ie Arts Museum 
srary Commission, 
arming Commission, 
jcreation and Park 
ommbslon 



RECTOR 
talre N. Isaacs 



WGRAMS 

rts Festivals 

Mc Art Collection 

Mc Design Review 

elghborhood Arts 

DPS Symphony Concerts 

jbllc Art Program 

reet Artists Licenses 



ite 430 

are-local Partnership 

15-554-9677 

rrHouse 

15-554-9679 



rts Commission Gallery 
>5 Grove Street 
15-554-9682 



Commissioner Genera, Chairman, called the meeting to order at 4:00 p.m. 

I REQUESTS BY FORMER CERTIFICATE-HOLDERS FOR PRIORITY IN ISSUANCE 
OF CERTIFICATE 

A. Jane Khoshsefat - Certificate #3206 expired July 8, 1990; her 
letter-request for priority was received by the Program on 
December 2*t, 1990. 

B. Chung Hee Tak - Certificate #1325 expired April 28, 1990; her 
letter-request for priority was received by the Program on 
December 26, 1990. 

C. M. Nasser Raees-Saadi - Certificate #360^ expired December 13, 
1990; his letter-request for priority was received by the 
Program on January 9* 1991- 

D. Hubert Emerson Ortis - Certificate #35^0 expired September 13, 
1990; his letter-request for priority was received by the 
Program on December 11, 1990. 

The Commissioners decided to consider the request of Mr. Ortis 
with Mr. Ortis' hearing on suspension period of certificate 
(Item IV of these minutes). 

Mrs. Khoshsefat and Mrs. Tak appeared. The Commissioners re- 
ferred to their letters. Program Director Lazar stated that 
in May of 1990 the Program returned Mrs. Tak's check for 
certificate renewal, along with a letter informing her that 
she was required to renew her annual Business Tax Registration 
(Tax Collector) in order to renew her street artist certificate. 
Mrs. Tak's daughter, Mrs. Khoshsefat, said her mother never 
received the letter and the check, and that she, Mrs. Khoshsefat, 
had not been aware that her mother's annual street artist 
certificate had not been renewed. They both had not been out 
on the streets selling. Commissioner Genera moved that the 
requests of Jane Khoshsefat, Chung Hee Tak, and M. Nasser 
Raees-Saadi be approved; the motion was seconded by Commis- 
sioner Eichelbaum and unanimously approved. 



Continued, 




STREET ARTISTS PROGRAM COMMITTEE - January 9, 1991 Minutes Page 2 

II REQUESTS BY APPLICANTS FOR POSTPONEMENT OF SCREENING 

A. Jane D. Meriwether - request for postponement until December, 1991. 

B. Ahysa Hanson - request for postponement until February, 1993* 

The Commissioners noted, from Ms. Hanson's letter, that Ms. Hanson 
was requesting a postponement until the time when she becomes 
sixteen years of age and eligible, by law, for a street artist 
certificate. Commissioner Genera moved that the requests for postpone- 
ment by Jane D. Meriwether and Ahysa Hanson be approved; the motion 
was seconded by Commissioner Eichelbaum and unanimously approved. 

III REQUEST BY STREET ARTISTS FOR DESIGNATION BY BOARD OF SUPERVISORS OF 

TWO PERMANENT SELLING SPACES ON BEACH STREET, NORTH SIDE, AT HYDE 
STREET 

Program Director Lazar explained that due to the advent of the new 
chairtable solicitors ordinance, an area has been vacated by charitable 
solicitors: the northwest corner of Beach Street, at Hyde Street. Mr. 
Lazar referred to the map he had mailed to the Commissioners which showed 
the proximity of two licensed peddlers (Police Peddler's licensees), the 
cablecar tracks and Victorian Park, and the existing line of street artist 
spaces on Beach Street. The now vacant area would be able to accommodate 
two street artist spaces which could conform with the requirements for 
street artists; they would require no exemptions from the regulations 
if designated by the Board of Supervisors. Mr. Lazar submitted a 
petition received by his office of *+7 street artists requesting such 
designation. 

Street Art Inspector Barbara Noakes pointed out that the Program had 
lost many valuable spaces further down Beach Street due to the place- 
ment of a bus zone; the two requested spaces were vital as partial 
payment for what had been lost. Mr. Lazar added that his own recent 
survey revealed that since the allocation of 599 spaces in 1977 » the 
artists lost 253 spaces; of this number, 21^ are viable (workable) 
spaces - this loss, he said, is divided roughly equally between the 
Wharf and Downtown areas. With close to 600 artists presently in the 
Program, he said, the Program sorely required more spaces; asking for 
the two on Beach Street, he felt, was not unreasonable. He further 
stated that he sent an agenda of this Program Committee meeting to 
the Executive Secretary of the Fisherman's Wharf Merchants Association 
and that, so far, the Program has not heard from him. 

Commissioner Genera moved that the street artists' request for designa- 
tion by the Board of Supervisors of two permanent selling spaces on 
Beach Street, north side, at Hyde Street, be approved; the motion was 
seconded by Commissioner Eichelbaum and unanimously approved. 

Continued 



STREET ARTISTS PROGRAM COMMITTEE - January 9, 1991 Minutes Page 3 



IV REQUEST BY FORMER CERTIFICATE-HOLDER FOR PRIORITY IN ISSUANCE OF 

CERTIFICATE/HEARING ON SUSPENSION PERIOD OF CERTIFICATE: HUBERT 
EMERSON ORTIS 

(As per the Arts Commission's finding of Hubert Emerson Ortis in 
second violation of the street artists ordinance by selling in 
areas not designated by the Board of Supervisors, and the Commis- 
sion's approval of a six-week suspension of Mr. Ortis's certificate 
to be divided into two three-week time periods whose dates of 
suspension are to be determined by the Program Committee, the fol- 
lowing hearing was to determine the dates of suspension of such 
periods. ) 

Program Director Lazar explained that Mr. Ortis' certificate (#3560) 
expired on September 13, 1990, and that his letter request for 
priority above the waiting list of applicants in the issuance of a 
new certificate was received by the Program on December 11, 1990. 
Previously, Mr. Ortis had sent the Program a postcard in September 
stating that he would be coming to the office to renew his certificate; 
but he did not come in until December 11th. 

Mr. Ortis told the Commissioners he failed to renew because he had 
not made any money and he had been sustaining illnesses throughout 
the autumn. Commissioner Genera noted that Mr. Ortis' certificate 
had expired in September, and yet Mr. Ortis came before the Program 
Committee in October for a hearing on his violations of the street 
artists ordinance while at the time did not have a certificate. The 
Commissioner pointed to the number of times Mr. Ortis came before 
the Arts Commission on violation charges and stated that it was 
his impression that Mr. Ortis did not care about being in the Street 
Artists Program. 

Mr. Ortis responded that he did care, but that he had difficulties 
with the Art Inspector. 

Mr. Lazar stated that during last October and November Mr. Ortis 
did not communicate with the Program about the status of his license. 
The Program discovered that his certificate had expired when the 
staff made its count of the number of artists who had dropped out 
of the Program by early December. 

Mr. Ortis stated that because he was one of the few persons in the 
Program who made his own items and that he was being "harrassed for 
trying to make an honest living," he "lost interest and determination 
in the Program." He now wanted to get a new license because, he said, 
there were "not as many people making" his "design anymore." Program 
Director Lazar asked him if he would help the Program in identifying 
artists who did not make their own work. Mr. Ortis responded that 
he would but that the Art Inspector "likes to talk, but she doesn't 
like to listen." 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - January 9, 1991 Minutes Page k 



Mr. Lazar told Mr. Ortis that he, as Director, has a "rough time 
with anybody who picks on the staff; the staff is my staff. None 
of us is perfect, but we all have a job to do. ... What I want to 
see here is, if you come back to the Program and ... mind the rules, 
we'll do our best - as we're trying to do - to nail those people who 
are not only trying to sell what they don't make but" are committing 
"other violations" as well. Mr. Lazar further stated that the staff 
had a substantial caseload of violations to refer to the Committee, 
and that "it's not fair to me, and it's not fair to her" (the Inspector) 
"to say 'I'm doing this because she's harrassing me. 1 " 

Mr. Ortis replied that he understood this but he did not want to be the 
one to identify various persons selling illegal bracelets. Mr. Lazar 
responded that this was not a condition of Mr. Ortis' obtaining a 
license, but cooperation on his part with the Inspector was a condition: 
"It's known as not obstructing the duty of a staf fperson. " 

Mr. Ortis said he realized his attitude had not helped the work of 
the staff in administering the Program. He further stated that he had 
acted on his "egotistical impulses." He added that he wished the 
Inspector would give him some conversation, because he had tried to 
talk to her. At this point, Art Inspector Noakes interjected that the 
last time she tried to talk to him in order to advise him of his 
expired certificate, he told her to "get out of here, don't bother me, 

you just enforce what you want to, you s head, leave me alone." Mr. 

Ortis admitted he said this but only because the Inspector, he said, 
had "embarrassed" him. 

Mr. Lazar told Mr. Ortis that the Inspector was administering her job 
as fairly as she knew hov; among 200 - 300 artists on a given day, that 
"people in the world cannot always be expected to act or re-act the 
way we want them to," and that Mr. Ortis had to change his expectation 
of how people should speak to, and respond to, him. Mr. Ortis said 
he understood the position of the staff. 

Commissioner Genera noted that this was the third time Mr. Ortis had 
come in for a hearing with the Program Committee; he added that this 
was a waste of time, that there was no reason why the Committee had 
to be enduring this controversy again. He said that he saw all of 
it as Mr. Ortis' fault "for neglect and just lack of interest." He 
said that, in all fairness, he could not see how his Committee could 
recommend a priority in the issuance of a certificate for Mr. Ortis. 
He felt that Mr. Ortis should re-apply and go through the normal 
waiting period. The Commissioner further stated that he was consider- 
ing the Program as a whole and that "I feel that if you have a family, 
a wife to feed, I think that should even give you more initiative to 
take care of matters and do it a lot faster." 

Mr. Lazar informed the Commissioners that the present average waiting 
period for a street artist certificate was only two months, and that 



Continued, 



STREET ARTISTS PROGRAM COMMITTEE - January 9, 1991 Minutes Page 5 



Mr. Ortis' wife still had a certificate and was able to sell. 

Commissioner Genera stated that once Mr. Ortis obtains a new certifi- 
cate, he still has to return to the Program Committee to discuss his 
suspension period. 

Mr. Ortis told the Commissioners that, in the meantime, he would 
not sell in any street artist space and would try to find space on 
private property. He said also that when he does obtain a permit, 
he will request the Arts Commission to allow him to take his 
suspension in consecutive three-week periods; by that time, he 
said, he will be able to sell in May. He then requested that he 
be given his certificate now so that he could sell during winter 
and then have his suspension in April or May. He then said that if 
he could not be granted a certificate now, he would help his wife set 
up and work, and when his wife cannot work, he would sell not in a 
street artist area but anywhere else he can. Even if the Inspector 
calls the Police on him, he said, he will still sell. 

Mr. Lazar clarified that it was allowed for Mr. Ortis to help his 
wife at her display, but that if he were caught taking money from a 
customer, it would be considered a violation by Mr. Ortis' wife - 
allowing a salesperson to sell for her. Mr. Ortis said he understood: 
"I could live with that." 

Commissioner Genera moved that Mr. Ortis' request for priority in the 
issuance of a certificate be disapproved; the motion was seconded by 
Commissioner Eichelbaum and unanimously approved. 

Mr. Lazar stated that he would mail an application for a street artist 
certificate to Mr. Ortis* and that Mr. Ortis should return it to the 
Program as soon as possible. 

Commissioner Genera moved to postpone consideration of Mr. Ortis' 
certificate suspension periods until Mr. Ortis obtains a certificate 
through the normal waiting period; the motion was seconded by Com- 
missioner Eichelbaum and unanimously approved. 

There being no new business, the meeting adjourned at 4:55 p.m. 

Respectfully submitted: 



Howard Lazar 

Director 

Street Artists Program 



* Mr. Lazar mailed an application for street artist certificate to 
Mr. Ortis on January 11, 1991. 



blty and County A 70 ' *~> 

ItSanFrpnclsco K - / 



&r^^j^tHC^ti^ 




5 Van Ness Avenue 
luite 540 

.'an Francisco. C A 94102 
415) 554-9671 



IAAYOR 
Vrt Agnos 



COMMISSIONERS 

Jarbara Sklar 
'resident 

tancy Boas 
/ice President 

Vernon Alley 
Stanley Elchelbaum 
dm Fowler 
Daniel Genera 
^ne Heary 
John Krlken 
Robert F. LaRocca 
Amalla Mesa-Bains. Ph.D. 
?al Y. Okamoto 
Dodie Rosekrans 



EX OFFICIO MEMBERS 

Presidents of the 
Rne Arts Museum 
Jbrary Commission, 
banning Commission, 
Recreation and Park 
Commission 

Acting 
DIRECTOR 

M. O'Driscoll 



PROGRAMS 

^rts Festivals 

3Mc Art Collection 

~Mc Design Review 

Neighborhood Arts 

'OPS Symphony Concerts 

'ubllc Art Program 

Street Artists Licenses 



Suite 430 

State-Local Partnership 

115-554-9677 

^rtHouse 

J15-554-9679 



^rts Commisston Gallery 
155 Grove Street 
115-554-9682 



STREET ARTISTS PROGRAM COMMITTEE 

rch 13, 1991 
Arts Commission Conference Room r\AiMiiir.»i«« 
25 Van Ness Avenue D0CUf ^ DS^T. 

San Francisco, California 



I N U T E S 



. REC9 

SAN FRA^CU^o 



Commissioners present: Genera, Eichelbaum 

Commissioner Genera, Chairman, called the meeting to order at ^:00 p.m. 

I REQUESTS BY APPLICANTS FOR POSTPONEMENT OF SCREENING/CERTIFICATION 

A. Patricia Newton - request for postponement to May, 1991. 

B. Susan Tibbon, Posey Tibbon - request for postponement to May, 
1991. 

C. Sylvie Schmid - request for postponement to June, 1991- 

D. Brenda Talbott - request for postponement to June, 1991. 

E. Francisco Javier - request for postponement to January, 1992. 

Commissioner Genera moved that the requests for postponement by 
applicants for street artist certificate Patricia Newton, Susan 
Tibbon, Posey Tibbon, Sylvie Schmid, Brenda Talbott, and Fran- 
cisco Javier be approved; the motion was seconded by Commissioner 
Eichelbaum and unanimously approved. 

II REQUEST BY FORMER CERTIFICATE-HOLDER FOR PRIORITY IN ISSUANCE OF 

CERTIFICATE 

A. Nami Akhavi - Certificate #3651 expired September 26, 1990; 
Mr. Akhavi 's request for priority was received on February 25, 
1991. Commissioner Genera moved that Mr. Akhavi 's request for 
priority be approved; the motion was seconded by Commissioner 
Eichelbaum and unanimously approved. 

III PROGRAM DIRECTOR'S FINDINGS FROM 2/6/91 INQUIRIES ON COMPLAINTS 

SUBMITTED BY STREET ARTIST SUSANA THOMASES AGAINST STREET 
ARTISTS ENRIQUE PEREZ, MARK MONSARRAT , SANDRA BLENIO AND 
DAVID MASON FOR VARIOUS ALLEGED INCIDENTS OF IMPROPER CONDUCT 
OF BUSINESS 

Program Director Lazar discussed each of his findings as outlined 
in his February 8, 1991 letter-response to Ms. Thomases, copies of 
which had been sent to Commissioners Genera and Eichelbaum. 






Continued. 



STREET ARTISTS PROGRAM COMMITTEE - March 13, 1991 Minutes 



Page 2 



Commissioner Genera noted that in each situation, Ms. Thomases had 
been involved in a conflict with an individual. Mr. Lazar reiterated 
that, in each case, he could not find "substance," or a preponderance 
of evidence, which would be required for submittal to the Program 
Committee for hearing. There was, however, evidence in the first 
case that an error had been made by a Lottery Committee worker which 
had resulted in a loss of opportunity in obtaining a space for Ms. 
Thomases; the Program Director was, therefore, requesting authoriza- 
tion to ask the Lottery Committee to compensate Ms. Thomases by 
providing her with priority selection of a favorable space on a 
weekend during 1991 • Finally, Mr. Lazar had warned Ms. Thomases 
and the other artists involved that if in the future they conflicted 
with each other, the Program would charge them with improper conduct 
of business and would submit the matter(s) to the Program Committee 
for a hearing to suspend or revoke their certificates. 

Commissioner Genera moved that Program Director's findings be approved; 
the motion was seconded by Commissioner Eichelbaum and unanimously 
approved. 

Commissioner Eichelbaum moved that the Program Director be authorized 
to request the Lottery Committee to compensate Ms. Thomases for loss 
of a space by providing Ms. Thomases priority in the selection of a 
favorable space on a weekend at any time during the year 1991; the 
motion was seconded by Commissioner Genera and unanimously approved. 

IV PROGRAM DIRECTOR'S AND ART INSPECTOR'S REPORT ON CASES OF ALLEGED 

VIOLATION OF STREET ARTISTS ORDINANCE DURING CHRISTMAS SEASON, 1990; 
SELECTION OF CASES BY PROGRAM COMMITTEE FOR HEARINGS 

Program Director Lazar and Art Inspector Noakes showed the Commissioners 
materials and photographs related to each of the following cases of 
alleged violation and summarized the incidents, as cited by Ms. Noakes 
during the Christmas season, 1990, and requested the Commissioners to 
select those cases for hearings in the future: 



STREET ARTIST 



A. Walter Cloud 



B. Ronnie Taylor 



C. Enrique Mendoza 



ALLEGED VIOLATIONS ) DATE(S) 

Selling in area not designated by 12/22/90 
Board of Supervisors 

Selling in area not designated by 12/22/90 
Board of Supervisors 

(l) Selling in area not designated 12/22/90 
by Board of Supervisors; (2) im- 
proper conduct of business/obstruc- 
tion of duty of Art Inspector 



Continued, 



STREET ARTISTS PROGRAM COMMITTEE - March 13, 1991 Page 3 



D. Horatio Tubio (l) Selling in area not designated 12/22/90 

by Board of Supervisors; (2) im- 
proper conduct of business/obstruc- 
tion of duty of Art Inspector 

E. David Spieler (l) Selling in an area not designated 12/30/90 

by Board of Supervisors; (2) exceeding 
display length regulation; (3) im- 
proper- conduct of business/obstruc- 
tion of duty of Art Inspector 

F. Victoria White Selling in area not designated by 12/22/90 

Board of Supervisors 

G. Marc Cassius Selling in area not designated by 12/1/90 

Board of Supervisors 12/2/90 

12/21/90 
12/23/90 

Commissioner Genera moved that the Program Committee hear the cases of 
alleged violation by Enrique Mendoza, Horatio Tubio, David Spieler, and 
Marc Cassius, and that the cases of alleged violation by Walter Cloud, 
Ronnie Taylor, and Victoria White be dismissed with a warning; the motion 
was seconded by Commissioner Eichelbaum and unanimously approved. 

V HEARING ON REQUEST BY APPLICANT FOR ISSUANCE OF CERTIFICATE 

A. Jean Jacques Abello - Mr. Abello was approved by the Advisory Com- 
mittee of Street Artists and Craftsmen Examiners on January 10, 1991 
for certification but was denied a certificate by the Program Director 
pending a hearing by the Program Committee on charges by the Program 
that Mr. Abello had committed battery against, and had physically 
obstructed the duty of, the Art Inspector on December 21, 1989 (Police 
Incident Report #891656212). 

Program Director Lazar stated his position that Mr. Abello be denied 
certification on the grounds that (a) it was illegal for Mr. Abello 
to have been in a street artist selling space; (b) it was illegal 
for him to be selling without either a street artist certificate or 
a Police peddler's license; and (c) he had physically obstructed the 
duty of an Arts Commission staffperson. While the District Attorney's 
office had dismissed the case without requesting photographic or 
other evidence from the Art Inspector, Mr. Lazar reminded the Commis- 
sioners that theirs was an administrative proceeding the decision of 
which was independent from the outcome of the criminal proceeding. 

Art Inspector Noakes recounted the alleged incident and emphasized 
that Mr. Abello had "grabbed my hand that had the camera in it." 
The incident resulted in the Police having to handcuff Mr. Abello. 

Mr. Abello stated that he had sold illegally for two days and that 



Continued, 



STREET ARTISTS PROGRAM COMMITTEE - March 13, 1991 Minutes Page k 



when the Inspector came to his stand he did not know who she was 
nut thought, she may be a "bag lady." He said she grabbed something 
in her bag, he saw something black, he grabbed her camera, and that 
was when she said she was the Inspector. The reason the Police 
handcuffed him, he said, was because he talks with his hands and 
he inadvertently put his hand on the Policeman. He was later released, 
went to his hearing, and the case was dismissed. He said he never 
sold on the streets since that time, and that the reason he had put 
his hand on the Inspector's arm was because he had felt he had to 
defend himself - as soon as she identified herself, he let go. 

Commissioner Eichelbaum said it seemed there were two different 
versions of the story, that there might have been a reason for Mr. 
Abello's confusion and lack of understanding of what was happening, 
that his behavior did not constitute any criminal action, and that 
the Commissioner was willing to overlook the incident considering 
that Mr. Abello had been through mental anguish already and appeared 
to realize the gravity of the situation. The Commissioner added 
that he did not feel there was enough of a reason with withhold a 
certificate from him. 

Commissioner Genera said the incident should be treated as an event 
of the past, Mr. Abello was not a street artist and had nothing to 
do with the Program a year ago, that there was no reason to deny him 
a certificate, and that if a future incident occurs of his obstructing 
the duty of a staffperson, the former incident will be re-considered. 
Commissioner Genera moved that Mr. Abello's request for issuance of 
certificate be approved; the motion was seconded by Commissioner 
Eichelbaum and unanimously approved. 

VI PROGRAM DIRECTOR'S REPORT ON STREET ARTISTS PROGRAM BUDGET 1991-92; 
PROPOSED CERTIFICATE FEE INCREASE 

Program Director Lazar presented the Program budget for 1991-92 and 
stated that the budget, as always, was supported entirely by the col- 
lection of street artist certificate fees. In order to meet next year's 
budget, Mr. Lazar was proposing that the fee be raised from the present 
$230 a year to $286 a year. Mr. Lazar further stated that it would be 
necessary for the Program to have a minimum of 600 artists paying this 
fee. 

Street artists Bruce Allison, Jill Mayberg, Mark Monsarrat , Larry 
Rosenbloom, and James Millard requested the Commissioners to consider 
a higher fee than that proposed by Mr. Lazar. A higher fee, they 
said, would not make it critical for the Program to maintain 600 
artists and would allow for the number of artists to drop to 550 or 
500, thus allowing for more opportunity, they said, in obtaining selling 
spaces at the lotteries. They asked the Commissioners to postpone their 
consideration to allow time for a questionnaire to be circulated at the 
lottery requesting artists to vote on what they feel would be an 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - March 13, 1991 Minutes Page 5 



appropriate number of licensees and what their necessary fee should be. 
Mr. Millard presented a petition of 100 signatures of artists recommending 
the suspension of screenings of new applicants for certificates for one 
month so that "an appropriate poll can be made of opinions concerning 
the balancing of busget between more total licenses, or increased license 
fee." 

Program Director 4 Lazar and street artists Bill and Bob Clark individually 
stated that the City Attorney's office had clarified that it would be 
illegal for the Arts Commission to limit the number of certificates, 
that there could not be a moratorium nor even a deliberate slowing down 
of screenings. 

The Commissioners stated that they would postpone this matter to their 
meeting of the following month so that the artists could vote on their 
questionnaire and submit the results to the Committee. Chairman Genera 
asked that the entire meeting be devoted to this one item. 

VII NEW BUSINESS 

Street Artists Bill and Bob Clark thanked Commissioners Genera and 
Eichelbaum for their March 4th letter-response to the Fisherman's 
Wharf Merchants Association's letter of February 4th. The two artists 
said that the Commissioners' letter-response was "graciously accepted 
by the street artists at large." 

There being no further business, Commissioner Genera adjourned the meeting 
at 6 : 30 p.m. 

Respectfully submitted: 



Howard Lazar 

Director 

Street Artists Program 



jty and County 
| San Francisco 







^XQV^C ' d)\fO^<vH'^J^ i&tZZ*'v^, 



i Van Ness Avenue 
Ite 240 

In Francisco. C A 94102 
115)554-9671 



- STREET ARTISTS PROGRAM COMMITTEE 

^April 10, 1991 
^Arts Commission Conference Room 
25 Van Ness Avenue, Suite 70 
San Francisco, California 



^L 



I N U T E S 



.DOCUMENTS Okpf, 

f£CB 

SANt FRAf. ICISC© 
BM0UC LIBharV 



Commissioners present: Genera, Eichelbaum 



<WOR 
tAgnos 



DMMISSIONERS 

irbara Sklar 
asldent 

jncy Boas 
President 

irnon Alley 
anley Eichelbaum 
m Fowler 
jnlel Genera 
meHealy 
hn Kriken 
>bert F. LaRocca 
nalla Mesa-Bains. Ph.D. 
ilY. Okamoto 
tjdleRosekrans 



OFFICIO MEMBERS 

9sldents of the 
ie Arts Museum 
wary Commission, 
-annlng Commission, 
icreation and Park 
ynmbslon 

cting 

RECTOR 

argie O'Driscoll 

lOGRAMS 

ts Festivals 

vie Art Collection 

vie Design Review 
i jlghborhood Arts 

)PS Symphony Concerts 
i folic Art Program 
I eet Artists Licenses 



Ite 430 

ate-Local Partnership 

5-554-9677 

♦House 

5-554-9679 



ts Commission Gallery 
5 Grove Street 
5-554-9682 



Commissioner Genera, Chairman, called the meeting to order at h'.\0 p.m. 
In attendance were sixteen street artists. 

I HEARING ON PROPOSED CERTIFICATE FEE INCREASE FOR 1991-92 (continued 
from 3/13/91 Program Committee meeting) 

The Chairman called on Program Director Lazar to summarize the 
issues and present his recommendation. 

Mr. Lazar stated that at the last Program Committee hearing he had 
proposed a budget for 1991-92 based upon the prediction that the 
Program would attain 600 street artists by July, and that these 
people would share the cost of next year's budget at an annual 
fee of $286 per artist. At last month's hearing, the Committee 
heard from a number of artists who expressed difficulty in obtain- 
ing selling spaces through their lotteries due to the current 
increase of new licensees and requested that the Program Committee 
postpone a decision for at least a month to allow the artists time 
to circulate a questionnaire for an opinion as to what their fee 
should be. These artists had stated they believed that most 
street artists would want to pay a fee higher than that proposed 
by the Director so long as the number of artists would be lowered. 
The Commissioners postponed the hearing to April. Mr. Lazar went 
on to say that at the last meeting street artists Bill Clark and 
Bob Clark and he had individually stated that the City Attorney 
had clarified in writing previously that the Arts Commission does 
not have the authority to limit the number of street artists. 
In 1977 the Arts Commission was interested in limiting the number 
of artists to 800, and the Commission put this into a question to 
the City Attorney who responded on March 31? 1977 1 and reiterated 
this response in a letter of October 31» 1986. Mr. Lazar, continuing, 
stated that at the time he was proposing a new fee of $286, the 
Program was still processing a backlog of applicants. Through the 
years, the Program had not been able to match the number of artists 
dropping out of the Program with the number of new people obtaining 
certificates; this was how the Program dropped from 56O to ^37 
artists over a year ago. At the start of the present fiscal year, 
the Program commenced to hold two screenings (sessions) of applicants 
per month, rather than one, in order to build up the number of 
certificateholders to support the budget. This resulted in the 
number rising to 555 as of April 9, 1991 1 and the backlog now 
exhausted. Because of this, Mr. Lazar stated he did' not feel the 




Continued, 



STREET ARTISTS PROGRAM COMMITTEE - April 10, 1991 Minutes Page 2 



Program would attain 600 artists, and that, if anything, the Program 
through its normal attrition would recede to about 500 during the next 
fiscal year. At the same time, during the past month, the artists had 
circulated their questionnaire and had sent him the results: 15^ responses 
had been received out of a lottery of 197 artists; 102 (69%) wanted the 
certificate fee increased; V? (30%) wanted the fee of $286 as proposed 
by the Director; for those who wanted a higher fee, 88 (88%) wanted a 
fee of $3^2 based on 500 artists in the Program, while 11 (12%) wanted 
a fee of $311 based on 550 artists. Mr. Lazar asked the Commissioners 
to consider that the majority indicated they wanted to pay $3^2 and 
have the number of artists lowered to 500, and to consider also that 
the number was currently 550 and would predictably decline by attrition 
to 500 by the end of summer. Therefore, Mr. Lazar' s original recom- 
mendation of $286 would not be able to cover next year's expenses. He 
now recommended an annual fee of $350 which would provide an excess of 
$^,000 to accommodate the possibility of the Program falling slightly 
below 500 artists. 

Mr. Lazar further stated that the artists, for the past three years, have 
been paying an annual fee of $230 which represents 630 a day; if they were 
to pay an annual fee of $350, it would be 960 a day. 

Mr. Lazar told the Commissioners that early in the week he had received 
a petition from artists requesting that there be no increase in the fee 
and offering several proposals to cut expenses. In response to the 
petition's taking issue with "8%" salary raises, Mr. Lazar stated that 
it was a matter of the Board of Supervisors in negotiations with the 
Civil Service Commission and employees union to standardize City salaries 
with managerial and other positions of local municipalities. In response 
to the petition's proposal that the Program office be open for only a 
few days of the week, Mr. Lazar stated that it was his understanding that 
this would violate the City Charter. In response to the petition's 
proposal that the Art Inspector's job be made part-time, Mr. Lazar stated 
that he personally objected to this because several years ago the City 
Attorney clarified in writing that the Arts Commission could no longer 
defer to the Police Department for enforcement of some or all of the 
regulations of the street artists ordinance, and that although the Arts 
Commission was limited in its enforcement resources, the Commission was 
nevertheless mandated to enforce the law (Mr. Lazar read to the Commis- 
sioners excerpts from a July 5i 1985 letter from the City Attorney).* 



* In addition to the City Attorney's statement, the Controller's Report, 
"Art Commission Audit," January 31 1 198^, which was distributed to the 
Mayor, Board of Supervisors, and Grand Jury, stated: "Due to the cut- 
backs in staffing, the Street Artist Certification Program was without 
an investigator for most of the fiscal year 1982/83. Consequently, the 
potential existed for street vendors to sell non-handcrafted merchandise 
in competition with local merchants in unregulated areas of the City. ... 
We recommend that the Art Commission seek a fee increase so that there 
would be sufficient funds ... to hire an investigator. ..." 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - April 10, 1991 Minutes Page 3 



This was the main reason why the Program Director felt that the 
position of the Art Inspector had to be maintained at a full-time 
level. Mr. Lazar added that he had always felt, since the advent of 
the position in 1976, that the activities of the Program warranted two 
full-time Inspectors to effectively and consistently enforce the street 
artist ordinance. He still wanted a second Inspector position but 
chose not to request it at this time in the budget. He stated he would 
fight any proposal for a part-time single Inspector. 

Commissioner Eichelbaum stated he was sympathetic with the idea of 
trying to cut the budget somewhat in order to minimize an increase in 
the fee. He said it appeared to be a big jump in the fee. 

Street artist James Millard presented the questionnaire conducted by 
the artists. He said he felt there was a need to "economize the budget." 
However, he said, the new proposed fee of $350 still worked out to less 
than a dollar a day. He hoped that the total number of licensees would 
stay at 500 which, he said, has been the average for the past five years. 
Otherwise, the proposed fee of $286 would mean an increase of about a 
third of the licensees, a lottery size a third larger, a cut in the 
artists' access to viable selling spaces by a third, and a cut in the 
artists' incomes by a third. That was why the artists delivered, he 
said, such a strong response, a willingness to give themselves a 
higher fee. Mr. Millard went on to say that this year, for the first 
time, the Program experienced an accelerated screening process - two 
screenings per month - with each screening being very large in size. 
Many artists, he said, had expressed the fear that Mr. Lazar may not 
have been scheduling enough time for each applicants' s screening for 
a true verification of whether the applicant made their craft. If 
these large screenings were to continue, the Program would not have 
enough resources to do the necessary shop visits for further verifica- 
tion. He pointed to the possibility of former T-shirt vendors "slipping 
through" an overcrowded, overworked screening process which, he said, 
is rumored to have happened. He added that this could make for 
disastrous results on the Program. Mr. Millard asked the Program 
Director if, with less applicants at a screening, more time could be 
spent in examination with each applicant. Mr. Lazar responded that more 
time could be spent - for example, the Advisory Committee of Street 
Artists and Craftsmen Examiners could spend twenty minutes with an 
applicant, and if this was unsatisfactory, the Committee could still 
elect to do a studio visit. Mr. Lazar asked him what he thought would 
be an appropriate number of applicants which the Advisory Committee 
could comfortably examine during a screening meeting; Mr. Lazar responded 
that he could notify fifteen applicants which would allow for at least 
three to five who would not appear. Mr. Millard stated that this was 
closer to what his group had estimated: ten or so applicants would be 
a reasonable amount "to accurately assess whether or not the individuals 
do make their craft and to make sure that we aren't overloading the 
Program with people who haven't made their art." 

Street artist Bruce Allison told the Commissioners that there had been 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - April 10, 1991 Minutes Page k 



an "excessive amount of people being processed through in order to meet 
the budget." Whether there are 500 or 600 artists, he said, is not the 
issue; if Mr. Lazar wanted to meet the budget next year he could in- 
crease the screening process by "recruiting" new licensees; therefore, 
the fact that there is no longer a waiting list "is not a correct argument." 
The screening process should be kept down, and the budgetary problem 
should not be allowed to affect the number of people to be processed each 
month. He went on to say that in terms of cutting the budget, rather 
than get rid of a position, the office hours could be monitored so that 
the tasks performed during the day could be studied, the hours could 
eventually be streamlined, and an assessment could be made of whether 
the Program needed as many staff people. He added that he thought Mr. 
Lazar "was right: you do need an Art Inspector out there ..." but that 
it remained to be seen whether it necessitated a full-time position or 
a position that could be shared by another person in the office, and that 
was a question that could only be answered through monitoring. 

Street artist Paul Warner told the Commissioners that, in his opinion, 
the proposed fee of $350 was too low. At Fisherman's Wharf, he said, he 
has prime retail space which is very safe and with no problem getting to 
his car, no worry about his money being stoken. "I feel it's really 
undervalued ... what street artists have available. I wouldn't mind 
personally to pay $600 a year" which, he said, was "a very small amount 
of money to have a viable income for the entire year." Mr. Warner added 
that the merchants at the Wharf who pay tens of thousands of dollars a 
month for their long-established businesses in essence pay for people 
to come to see them; these people, in turn, "buy our wares as a second 
thought." 

Street artist Larry Rosenbloom stated there was no reason a program as 
simple as the Street Artists Program required three full-time employees. 
People, he said, were not begrudging the fee increase; it's just that 
they saw "a lot of waste." He said the Program in Berkeley was run 
in a much-less involved way. He added that if the budget were examined 
by an outside party, it would be seen as "an overblown budget." He 
also said that people doubted whether, after paying a higher fee, the 
streets wouldn't be "flooded" with more artists anyway. While acknowledging 
the City Attorney's statement, he said that the rate of screening could 
be controlled. 

Street artist David Samuel stated that 151 artists had signed the petition, 
and that no one was afraid of raising the fee; but he for one wanted to 
see the costs go down and wanted to see, also, a correlation between the 
selling spaces and the number of licensees. He questioned the cost of 
the rent for the street artist office including the (Commission's) meeting 
room which, he said, was "excessive" and "scary." (At this point, Mr. 
Lazar interjected that it was "scary" only because the Street Artists 
Program had never had to pay rent until now.) Mr. Samuel saw that with 
the decline of licensees, each artist may be paying $600 to support the 
Program fairly soon; therefore it was felt that an in-depth view of the 



Continued, 



STREET ARTISTS PROGRAM COMMITTEE - April 10, 1991 Minutes Page 5 



running of the Program should be implemented either by City government 
or by an independent, because some of the costs seemed "outrageous." 
He objected to an 8% raise in "already hefty salaries" and questioned 
the validity of three full-time employees. "To keep the Program 
healthy ... for the artists to make a reasonable living," he said, "the 
costs of the Program should be kept at a minimum." He said that if 
there would be a "dent" made in the "enormous amount budgeted for 
office supplies, the screening committee, find office space we can 
afford ... and eliminate one of the three positions, we could save 
thousands." 

Street artist John Bass told the Commissioners that the Program was 
"deteriorating" because of the large number of licensees, that people 
who had sold commercially-manufactured items on the streets now had 
licenses, but that the answer was not in the artists' petition. He 
said the Program was "politically very vulnerable" , that there were 
political interests who wanted to destroy it, and that "our only 
protection against this is regulation." The type of Program in 
existence, he said, should be a full-time program. He addressed the 
artists in the room: "Let's face it, folks, you want something for 
nothing. Right now we get something for nothing. ... We are allowed 
to sell, operate our businesses, in ... commercially viable areas 
where store owners pay thousands a week for rent. We pay $h a week ... 
for rent for our businesses. ... If we're going to protect our position 
in the city's economy and in the political structure, we have to continue 
with a regulatory program." He warned that if the artists stopped 
supporting their City agency program, they would be forced into 
illegality - it would not be the Street Artists Program staff who will 
regulate the Program; "you will be paying the mafia. People on Beach 
Street do not understand this, because they lead a sheltered life." 
He stated that he resented the personal attacks being made on the 
present Art Inspector. He said "she does a decent job" and that she 
has helped him. He added that the people who do not have economically 
viable operations will be eliminated by the marketplace if the fee is 
sufficiently high. "I support a fee annually of $600 a year; it comes 
to $12 a week ... it's not too high. ... You spend V?<2 a day on salaries. 
... I find this quibbling ... about a few pennies is absolutely 
rediculous ... irresponsible ..." 

Street artist Bill Clark stated that it was the people of Beach Street 
who had made it legal for street artists to sell throughout the city. 
He pointed out that the City Charter required that the street artist 
certificate fee be no higher than that which was necessary to cover 
the costs of administering and enforcing the Program. With respect 
to the screening process, he wanted to reiterate what Mr. Lazar had 
said at the last meeting: the street artists ordinance requires that 
upon submittal of an application, the applicant is to be given a 
screening date; at the present time, since there is no longer a wait- 
ing list, it is possible for an applicant to be given a screening date 
when he applies. Mr. Clark also pointed out that, by law, members of the 
screening committee must meet for at least two hours in order to receive 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - April 10, 1991 Minutes Page 6 



compensation; a screening, therefore, should contain enough applicants 
to warrant at least two hours. He mentioned his lawsuit against the City 
to return to the Street Artists Program the street artist fees deposited 
in the general fund in early years: his attorneys were preparing to file 
an action next month, and if they prevail, this present issue of a fee 
increase may be moot because there will then be surplus funds. Mr. Clark 
further stated that there was a problem with the issuance of a yearly 
certificate: next fiscal year's projected revenue does not take into 
account those artists who paid for a year under the old fee (prior to 
the start of the next fiscal year) which represented a subtracted amount 
of money from the anticipated income. Mr. Clark suggested that the Arts 
Commission ask the City Attorney whether it is possible to prorate the 
licenses at the higher fee. If the answer is yes, artists can be notified 
of an adjustment in their fee. If this cannot be done, it may be prudent 
at this time to ask for a much higher fee. 

Mr. Lazar responded that he had considered this and had found that from 
July 2, 1990 to April 9, 1991, 1^3 artists had renewed for a year. 
Secondly, the question proposed by Mr. Clark had been submitted to the 
City Attorney two years ago, and an answer had not been received. He 
said he would ask the City Attorney again. 

Street artist Virginia Burris stated that the influx of new street artists 
has added vitality to the Program, and that she was proud to see the new 
people. She said also that she wished the Art Inspector's job could be 
shared by Mr. Lazar and the screening committee, because the artists 
"can't afford higher fees all the time." 

Street artist Bob Clark stated that "the City of San Francisco took over 
a quarter of a million dollars out of our Program which was intended to 
be used to help keep the costs down. This is the gist of our lawsuit ... 
to attempt to get that money back." He said that the whole concept of 
the Street Artists Program was not to start something that an established 
businessman could get into and make ten, twenty, or thirty thousand 
dollars a year but "to give opportunity to everyone, whether rich or 
poor, whether they had a job or didn't have a job, ... to break away 
from something that they didn't want to do as a livelihood but get 
into something at the bottom rung of the ladder ... and maybe that first 
year . . . make only a thousand or two thousand dollars . . . but down the 
line, through persistence of hard work, you will eventually become self- 
supporting." The major reason this Program was created, he said, was to 
protect those people coming into the Program. If the City Attorney responds 
that people who paid for a year under the old fee cannot have thier licenses 
prorated, Mr. Clark wondered how many of the artists present who favored 
a much higher fee would buy an annual license just bevore the new fee is 
enacted. He added that while Art Inspector Noakes was "doing a great job," 
the City which took a quarter of a million dollars out of the Street Artists 
Program has not paid for Police to regulate the Program, as is provided 
in the street artists ordinance. 



Continued, 



STREET ARTISTS PROGRAM COMMITTEE - April 10, 1991 Minutes Page 7 



Street artist Kelly Ladas stated that the Art Inspector shows up two 
days a week, a few hours a day, whereas the artists are paying for a 
forty-hour week plus benefits for the Inspector. Ms. Ladas said she 
doesn't make half as much money as the staff and she resented an 8.8% 
wage increase. 

Street artist Peter Wiley stated he was in support of a budget reduction, 
and that he felt the budget "will smother the Program." 

Street artist Lynn Roberts said her background was that of a management 
analyst and that she questioned what the Program has achieved during the 
past year from the three salaries. She said that the Program has lost 
spaces and that she has seen no effort being made to obtain more and 
better spaces. She added that she has seen doctors and nurses, "real 
service providers," cut "in years that weren't have as bad as this." 
She said she wanted to see something accomplished by the Program for 
her money, as advertising street artists as a tourist attraction, or 
the Program seeking grants funding. 

Mr. Lazar responded that it was his understanding that the Program cannot 
apply for grants; that several years ago he had put together a brochure 
to advertise the Program but this was halted when the City Attorney 
clarified that the street artist fees could not be used for this purpose; 
and that the Program was able to achieve, after lengthy meetings with 
the merchant organizations and the Board of Supervisors, 79 additional 
selling spaces for the last Christmas season, as well as usage of those 
spaces for a much longer time period "than ever before, in the face of 
more adversity than this Program had ever garnered - and two of us were 
directly responsible for doing our part to get those spaces." Mr. Lazar 
also reminded everyone present that the staff was still working on obtain- 
ing two additional spaces on Beach Street which have been requested by 
the artists, in the midst of heavy opposition by the Fisherman's Wharf 
Merchants Association. Mr. Lazar was also working on the removal of 
the tour buses who park alongside the street artist spaces on Hyde 
Street , blocking customers' view of the artists and polluting the air 
with their idling engines. 

Commissioner Genera invited Ms. Roberts to attend the Program Committee 
meeting which will consider this year's Christmas spaces "so you can 
see what we have to go through just to get" the spaces. The Commissioner 
went on to say that if it is decided to raise the fee, the screenings 
should be at least twenty or thirty minutes per applicant which will 
make for a more thorough screening. 

Street artist James Millard submitted a list of "Street Artist Recom- 
mendations to Provide Better Communication and More Complete Information" 
which included a card-catalogue system "to provide immediate and accurate 
count of artists' licenses" and the publishing of monthly statements 
"accessible in the Wharf-lottery suitcase" so that the artists attending 
the lottery would be able to see the total number of licenses, the 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - April 10, 1991 Minutes Page 8 



previous month's new licenses issued, and the previous month's number 
of discontinued licenses. Mr. Millard said he had spoken to Mr. Lazar 
about these items and the Director was in agreement and would attempt 
to implement these measures as soon as possible. 

Street artist Bill Clark objected to the slowing down of processing ap- 
plicants. He said that in the last three months 80 people had dropped 
out of the Program, and this represented a loss of income for the Program 
of $57-50 per person. Furthermore, he said, 500 people will not be pay- 
ing $3^2 a year; the ones who will do so will be those who pay quarterly. 
He warned that a slowdown of screening could mean that the rate of new 
applicants will not keep up with the rate of dropouts, and this could 
result in the artists and the Arts Commission having to go back to the 
Board of Supervisors mid-year with a request for another fee increase. 
He added that the cost of such a subsequent increase could actually deter 
people from seeking a license. The Commission should consider proposing 
a high enough fee - perhaps, $375 - in order to keep from going through 
this ordeal in the middle of the year. 

Street artist James Millard said the Program was at a high number of artists 
now, that there was expected another influx of new artists from the April 
screening, and that it did not appear that there would be a jarring effect 
on the Program by the number of people dropping out. "It's at a point now 
where we can carefully tune the situation to make sure we have enough 
artists in this Program to finance the Program and yet have appropriate 
time to schedule the screenings properly." 

Mr. Lazar stated that if he observed the Program starting to plummet, he 
would, as before, schedule a second screening of applicants for the month. 

Commissioner Eichelbaum stated that he wanted to study and re-evaluate 
the costs of the Program. 

RECOMMENDA- Commissioner Genera moved that it be recommended that the Program Director's 

TION budget for 1991-92 and proposal for an annual street artist certificate fee 

of $350* based on 500 street artists, be approved with close monitoring 

of the entry and dropout rates of certificateholders; that the street 
artists be encouraged to examine the budget for possible cuts, ever 
dependent upon applicable legal restrictions; that the Advisory Committee 
of Street Artists and Craftsmen Examiners be directed to spend a minimum 
of twenty minutes screening time per street artist applicant; and that 
the City Attorney be requested for clarification as to whether certificates 
may be prorated; the motion was seconded by Commissioner Eichelbaum and 
unanimously approved. 

There being no new business, the meeting adjourned at 5 : ^5 p.m. 

Respectfully submitted 

Howard Lazar 

Director 

Street Artists Program 



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| anley Elchelbaum 

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15^54-9682 



STREET ARTISTS PROGRAM COMMITTEE 

Wednesday, May 8, 1991 

Arts Commission Conference Room 

25 Van Ness Avenue 

San Francisco, California 



MINUTES 



■f 



Commissioners present: Genera, Eichelbaum 



DOCUMENTS DEPT. 
JUN 1 8 1991 

SAN FRANQovO 
PUBLIC LIBRARY 



Commissioner Genera, Chairman, convened the meeting at ^:00 p.m. 



I FINDINGS/RECOMMENDATIONS BY ADVISORY COMMITTEE OF STREET ARTISTS 

AND CRAFTSMEN EXAMINERS: APRIL h, 1991 HEARING ON CHARGE SUB- 
MITTED BY ANTHONY VEINA AGAINST JACQUES BARABOO ALLEGING THAT 
BARABOO COPIED THE "STYLE" AND "DESIGN" OF VEINA' S METAL 
"COLLAGE"-STYLE JEWELRY 

Program Director Lazar described the Advisory Committee's visits 
to the studios of Veina and Baraboo. Street Art Inspector Noakes 
described the "collage"-style jewelry in question. It was noted 
that neither Mr. Veina nor Mr. Baraboo, who had been notified of 
the Program Committee meeting, were present. The Commissioners 
referred to the February 2, 1990 City Attorney letter clarifying 
the Arts Commission's role in the matter of copying of street 
art, and reviewed the Advisory Committee's findings and recommenda- 
tions as follows: 

1) Items submitted by Baraboo were not comparable to items 
submitted by Veina. 

2) Items submitted by Baraboo do not constitute a denial 
of Baraboo 's certificate. 

3) The Advisory Committee recommends that the staff pay 
particular attention to Baraboo's display in the future, 
and that Baraboo be warned to refrain from selling any 
new work (new in design or style) until he submits such 
work to the Advisory Committee for examination. 

Commissioner Eichelbaum moved that the Advisory Committee's 
findings and recommendations be accepted; the motion was seconded 
by Commissioner Genera and was unanimously approved. 

II HEARINGS ON ALLEGED VIOLATIONS OF STREET ARTISTS ORDINANCE 

NOTE: The following cases of alleged violation were selected 
for hearing by the Program Committee, on 3/13/91 • 

A. Enrique Mendoza - Certificate #3^53* Date of alleged violation: 




Continued, 



STREET ARTISTS PROGRAM COMMITTEE - May 8, 1991 Minutes Page 2 



12/22/90. Alleged violations: (l) selling in areas not designated 
by the Board of Supervisors; and (2) improper conduct of business/ 
obstruction of duty of Art Inspector. 

Program Director Lazar stated that Mr. Mendoza had telephoned to 
postpone the hearing, that he, Lazar, told him there could not be 
a hearing as Mendoza' s certificate had recently expired, and that 
should Mendoza wish to re-apply for a certificate, a hearing on 
the above alleged violations would be scheduled for the Program Com- 
mittee. 

B. Horatio Tubio - Certificate #2196. Date of alleged violation: 
12/22/90. Alleged violations: (l) selling in an area not designated 
by the Board of Supervisors; and (2) improper conduct of business/ 
obstruction of duty of Art Inspector. 

Mr. Lazar reported that Mr. Tubio was doing a crafts fair and requested 
a postponement of his hearing to June. The Committee directed Mr. 
Lazar to reschedule the hearing for June. 

C. Marc Cassius - Certificate #2*+90. Dates of alleged violations: 
12/1/90, 12/2/90, 12/21/90, 12/23/90. Alleged violation: selling 
in an area not designated by the Board of Supervisors. 

Commissioner Eichelbaum questioned Mr. Cassius on the alleged incident 
of December 1, 1990, 6:15 p.m., on Stockton Street (east side), Geary 
to O'Farrell Streets. Mr. Cassius stated that the reason he was not 
in a legal space was because he was "in transition" - that is, about 
to move into one of the legal spaces made available by vacating 
artists. This was witnessed, he said, by another artist, his mother 
Lynn Sunday. Mr. Cassius submitted a letter on his behalf by Ms. 
Sunday. 

Street Art Inspector Noakes testified that, according to a report she 
had received from another artist, Mr. Cassius had been in the illegal 
location for fifteen minutes, and that he was found directly across 
from an area that has been excluded from selling because of a potential 
fire hazard. 

With respect to the alleged incident of December 2, 1990, 6:30 p.m., 
on Market Street (south side), at 5th Street, Mr. Cassius stated that 
while Market Street was not a safe place, he had encouraged other 
artists to try the new temporary Christmas spaces by Nordstrom with 
him. He further stated that he had been signed in to a legal space 
nearest to the San Francisco Centre (Nordstrom) entrance. Respond- 
ing to questions by Commissioner Genera, he said that he knew it was 
"technically an illegal spot." The reason why he was there three 
times, he said, during December was because the "situation" was 
similar to that a block away: the "danger" and "unpleasantness" of 
a nearby garbage can, the presence of shopping-cart people stopping 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - May 8, 1991 Minutes Page 3 



at the garbage can ("your health could be at stake, potentially you 
could get lice from someone like this"). He said he understood he 
was violating the twelve-foot doorway regulation but did not feel 
he was being a hazard. 

Inspector Noakes stated that she had observed Mr. Cassius and another 
artist selling illegally adjacent to the doorway; she referred the 
Commissioners to the photos and a map of Cassius' location in her 
report. She had asked the artists to move; they complied. Ms. 
Noakes further stated that the artists at the lotteries were informed 
about the exact locations of the Christmas spaces and were given 
booklets of maps furnished by the Program. 

Commissioner Eichelbaum stated that the reported incidents were 
infractions but, in his opinion, were minor. 

With respect to the alleged incident of December 21, 1990, 1:30 p.m., 
Market Street (south side) at 5th Street, Inspector Noakes showed 
Mr. Cassius' alleged location on a map. Mr. Cassius stated that on 
this day he did not pose as an obstruction. He had signed into a 
legal space and had moved into a place which he felt was safe, away 
from hazards, and near the protection of the head of security (at 
the Centre) who, he said, was "friendly" to him throughout the 
Christmas season and had told him, as well as other artists, that 
where they were set up was "fine with him." Commissioner Genera noted 
from the photos that Mr. Cassius was set up adjacent to the Centre's 
entrance. 

With respect to the alleged incident of December 23, 1990, 2:*+5 p.m., 
2:50 p.m., 3*05 p.m., and 5^30 p.m., on Market Street (south side) at 
5th Street, Inspector Noakes testified, referring to her photos, that 
Mr. Cassius had been set up with his wife by the entrance of the 
Centre, then had moved to a location adjacent to another set of doors 
of the Centre, and moved again - this time to space "Z-69." Mr. Cas- 
sius told the Commissioners that the Inspector had come along and 
this time he became "intimidated" and ran away. He further stated 
that in none of these occasions did the Inspector speak to him or ask 
him what the circumstances of the day were. (At this point, Mr. Lazar 
interjected that the Inspector's logbook records her conversation 
with Mr. Cassius during Christmas regarding the location of spaces.) 
At the time he moved into a space, he said, there were "young guys at 
the corner spitting at my wife," and he went back to the location in 
front of the doorway where, he said, he finished out the day. He stated 
that although the Inspector had cited him on three days, there were 
actually four occasions that he sold adjacent to the doorway; "I made 
my decision, and I felt that I would suffer the circumstances later 
on, and I tried to make the best of it." 

Commissioner Eichelbaum stated that it was through effort that those 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - May 8, 1991 Minutes Page k 



particular spaces were obtained for Christmas; Mr. Cassius and others 
had decided that they had to shift the spaces; if this continued, 
there would be more such incidents. Whatever the circumstances, he 
said, Mr. Cassius was in violation; he wished Mr. Cassius would re- 
consider the situation and try not to be as willful about it as in the 
past. These incidents could lead to problems with the merchants. 

Mr. Cassius stated that, in the future, he would not cause this kind 
of problem, that he would go to another place, a safer area. 

Commissioner Genera stated that he could not find Mr. Cassius in 
violation for the alleged incident of December 1, 1990, as Mr. Cassius 
had stated that he had been waiting to move into a legal space. 
Furthermore, he could not find him guilty of all the violations if 
he receives encouragement from the security of Nordstrom. 

Inspector Noakes stated that other artists are encouraged to break 
the rules when they see Mr. Cassius breaking the rules and if no 
censure results or if the censure is so slight that there is little 
risk for them to break the rules. 

Program Director Lazar stated that it is the responsibility of every 
street artist to know the law; ignorance f the law is no excuse - 
especially since the spaces at Christmas were carefully painted by 
the City. He added that at Christmastime, because of the increased 
activities of the artists, his orders to the Inspector were to 
enforce the law by the book, be helpful and communicate with the 
artists, but to not spend much time with any case as this could 
divert her attention from continuous inspection of the displays. 

Inspector Noakes told the Commissioners that the first seven days of 
the Christmas season she disseminated copies of the maps booklets 
to artists at their spaces who had not received them at the lotteries. 
She had also warned new licensees against violations of space and 
other regulations. 

Commissioner Genera moved that Mr. Cassius be found in violation of 
the street artists ordinance by selling in locations not designated 
by the Board of Supervisors on December 2, December 21, and December 
23 i 1990, and to suspend a penalty for such violations with a warning 
that in the event Mr. Cassius repeats such violation (regardless of 
locale), the Arts Commission would consider imposing a penalty; the 
motion was seconded by Commissioner Eichelbaum and unanimously ap- 
proved. 

Mr. Cassius said he had learned from this experience and that he 
would be one of the people expending effort to try to obtain Christ- 
mas spaces. 

Ill HEARING ON REQUEST BY APPLICANT FOR ISSUANCE OF CERTIFICATE; HEARING 
ON SUSPENSION PERIODS OF CERTIFICATE 



Continued. 






STREET ARTISTS PROGRAM COMMITTEE - May 8, 1991 Minutes Page 5 



Hubert Emerson Ortis . Program Director Lazar explained that on 
November 5i 1990, the Arts Commission, by resolution, found Mr. 
Ortis in second violation of the street artists ordinance by selling 
in areas not designated by the Board of Supervisors, and approved a 
six-week suspension of Mr. Ortis' s certificate to be divided into 
two three-week time periods whose dates of suspension were to be 
determined by the Street Artists Program Committee. After this 
action, it was discovered that Mr. Ortis had allowed his certificate 
to expire and was, therefore, without a certificate to suspend. 
Mr. Ortis then applied for a new certificate and waited for an 
examination of his wares by the Advisory Committee of Street Artists 
and Craftsmen Examiners. On February 12 and 20, 1991, Mr. Lazar 
received telephone calls from a street artist asserting that Mr. 
Ortis was selling without a certificate in a street artist space on 
Beach Street. Mr. Lazar called the Police and went to Beach Street 
where he was told that Ortis had removed his display and left the 
space as soon as he saw the Police. On March 28, 1991, the Advisory 
Committee of Street Artists and Craftsmen Examiners examined Mr. 
Ortis *s wares and approved him for certification. Mr. Lazar informed 
Mr. Ortis that, due to the reports of his illegal selling, he would 
not issue him a certificate without a hearing before the Street 
Artists Program Committee on the charge of selling in a street artist 
space without a certificate, a violation of the street artists 
ordinance. Mr. Lazar told the Commissioners that the ordinance, in 
fact, directs the Arts Commission to consider such a charge in 
making a decision as to whether to issue or deny a certificate. 
Therefore, there were two separate hearings related to Mr. Ortis on 
the present agenda: (l) a hearing on whether to recommend that Mr. 
Ortis be granted a certificate; and (2) if it is~so recommended, a 
hearing to recommend the dates of the two suspension periods for the 
new certificate, as per the Commission's November 5i 1990 resolution. 

Mr. Lazar submitted a letter from street artist Amy Dong asserting 
that Mr. Ortis had set up in street artist space "B-ll" on Beach 
Street; without Ms. Dong's presence to testify, however, the letter 
could not be considered as evidence. 

Street Art Inspector Noakes stated that she had received complaints 
from other artists that Mr. Ortis had sold in the white zone on 
Jefferson Street and by the Cannery entrance. The Inspector sub- 
mitted photos of Mr. Ortis and a person, she said, who has been 
observed as an assistant who sells Ortis 's work on the other side 
of Jefferson Street while Ortis is set up by the Cannery. The 
Inspector stated that the work on both tables is identical. 

Mr. Ortis stated that the man was once an employee of Alioto's who 
was laid off work and was given permission to sell on private property, 
and that he, Ortis, had approved him to sell Ortis 's designs on the 
property. As for the alleged incidents on Beach Street, he said he 



Continued, 



STREET ARTISTS PROGRAM COMMITTEE - May 8, 1991 Minutes Page 6 



did not want to sell in a white zone, so he tried to sell in a street 
artist space on "a day that was very slow, a Tuesday or Wednesday ... 
days when fifty percent of the spaces" were vacant. He did not think 
it would be a problem until Ms. Dong, whom he said dislikes him, 
decided to call Mr. Lazar. He did not feel this was a violation for 
which he should be penalized. He said he then returned to the white 
zone after he was unable to sell in a street artist space. 

Commissioner Genera stated he did not feel the Committee could 
consider the complaints against Mr. Ortis by other artists because 
they were not present to testify. 

Commissioner Genera moved that Mr. Ortis be granted a certificate, 
that said certificate be suspended for two three-week time periods 
as per the November 5i 1990 Arts Commission resolution, and that 
should Mr. Ortis be found in violation of any part of the street 
artists ordinance during either of the two suspension periods, the 
Committee would consider recommending revocation of said certificate; 
the motion was seconded by Commissioner Eichelbaum and unanimously 
approved. 

Commissioner Genera moved that, as per the Arts Commission resolution 
of November 5i 1990, relative to Hubert EmersohcOrf is, the certificate 
of Mr. Ortis be suspended for two three-week time periods from June Ik 
through July 5i 1991 and from September 3 through September 2^, 1991; 
the motion was seconded by Commissioner Eichelbaum and unanimously 
approved. 

IV NEW BUSINESS 

A. Request by former certificate-holder Jane C. Anderson (Certificate 
#3892 expired 3/27/91) for priority in issuance of New certificate. 
Commissioner Genera moved that the request by Ms. Anderson be ap- 
proved; the motion was seconded by Commissioner Eichelbaum and 
unanimously approved. 

B. Letter-request from Spike's Cafe for Arts Commission endorsement 
as a performers center for Police Department Entertainment Permit. 
The Commissioners reviewed the letter and stated that they did not 
see the request as falling within the Arts Commission's purview. 
No action was taken. 

There being no further business, the meeting adjourned at 5 : 58 p.m. 



Respectfully submitted: 

Howard Lazar 

Director 

Street Artists Program 



V and County 
SanFranclsco 








Van Ness Avenue 

te240 

n Francisco, CA 94102 

5) 554-9671 

X# 621-3868 



VYOR 
Agnos 



5MMISSIONERS 

rbara Sldar 

«ldent 

incy Boas 
» President 

imon Aley 

inley Elchelbaum 

n Fowler 

intel Genera 

rteHealy 

hn Kriken 

bert F. LaRocca 

nalia Mesa-Bains, Ph.D. 

JY.Okamoto 

idle Rosekrans 



OFFICIO MEMBERS 

sldents of the 
e Arts Museum 
rary Commission, 
inning Commission, 
creation and Park 
>mmlsslon 



:ting director 

irgle O'Driscoll 



OGRAMS 
i Festivals 
dcArtColection 
Ac Design Review 
lighborhood Arts 
>PS Symphony Concerts 
bile Art Program 
set Artists licenses 



te430 

ite-Local Partnership 

S-554-9677 

House 

S-554-9679 



s Commission Gallery 
5 Grove Street 
S-554-9682 



STREET ARTISTS PROGRAM COMMITTEE 



r^June 26, 1991 

'-^Arts Commission Conference Room 
25 Van Ness Avenue 
San Francisco, California 



^ 



M I N U 



E S 






Commissioners present: Genera, Eichelbaum 



Commissioner Genera, Chairman, called the meeting to order at ^:10 p.m. 

I PROPOSAL FROM HARVEST FESTIVAL: HARVEST FESTIVAL- ARTS COMMISSION 
JOINT AWARDS PROGRAM FOR STREET ARTISTS 

Program Director Lazar introduced Mr. Brian Layng of the Harvest 
Festival who presented his proposal. Mr. Layng started with the 
history of his Festival, its pattern of three-day shows each 
involving 300 - ^00 exhibiting artists, the San Francisco show 
having a waiting list of exhibitors. Mr. Layng stated that his 
company's "mission ... is to help artists sell directly to the 
public" and that his shows have worked with local communities 
on charity projects (for one such project, the Harvest Festival 
raised 150 tons of donated food for a local municipality). Mr. 
Layng went on to say that because the Harvest Festival wanted 
to become involved in San Francisco's community, his group felt 
that the Street Artists Program was a good place to start, as 
many of the Festival's exhibitors have their roots in the Street 
Artists Program. He proposed an annual award to recognize 
distinctive craftsmanship by street artists - 5i 10 or 12 
recipients from different categories. 

Mr. Layng outlined the following points: an information flyer 
to all street artists, announcing the dates and times in August 
for the artists to show their work in their street spaces for 
jurying; a joint selection committee composed of Harvest Festival 
personnel and members of the Arts Commission's Advisory Committee 
of Street Artists and Craftsmen Examiners to view the artists' 
works on the streets; a presentation of awards in September; 
the award itself to be an invitation to the artist to exhibit 
and sell his wares in this fall's Harvest Festival in San 
Francisco (the Festival to donate the space). The selected 
artists would exhibit as a group in a special part of the Festival, 
the theme of their exhibit to be a street scene with street signs, 
trees, etc., near the entrance to Brooks Hall by Fulton Street. 
There would be an awards ceremony or reception just prior to 
opening the show. This would be a pilot program for this year. 
If it goes well, a more elaborate event will be planned for next 
year which marks the 20th anniversary of both the Street Artists 




» 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - June 26, 1991 Minutes Page 2 



Program and the Harvest Festival. Mr. Layng asked for an endorsement 
by the Arts Commission of the awards program in principle. 

Mr. Layng went on to say that he envisioned a project team of three 
people: a staffperson from the Street Artists Program, a representative 
from the Harvest Festival, and a spokesperseon from the street artists. 
He said that the Harvest Festival would print the program announcement, 
take the leading role in the jurying process, and sponsor the awards 
and awards ceremony. He asked that the Street Artists Program handle 
the distribution of the announcement and that the selected street 
artists help in building the displays (the Harvest Festival to pay 
for the materials). He reiterated that his group wanted to do this 
because they were interested in promoting art, exposing people to their 
event, and doing something for the community. 

In response to questions by the Commissioners, Mr. Layng stated that 
25 to 30 exhibitors in his show are, or have been, street artists; the 
awards would pertain to categories; the Harvest Festival was looking 
for historical crafts as toys and model ships, unique, distinctive, 
handmade all-American crafts, and also entirely new items. 

Both Mr. Layng and Program Director Lazar stated that the criteria 
for the awards should be published in the announcement. 

The Commissioners heard from street artist Bascia Smith who stated that 
she did not want to see craft categories; street artist Bill Clark who 
said an election should take place among the street artists to select 
their spokesperson and that it be made clear to all artists that their 
displays - even at Justin Herman Plaza - must not exceed 3' x h* x 5' 
on the jurying days; street artist Horatio Tubio who said that the 
jurying should be done on some weekdays and some weekends; and Art 
Inspector Barbara Noakes who said that artists should be asked to 
respond as to what days of the jurying they will be displaying their 
wares. 

Commissioner Genera moved that a Harvest Festival-Arts Commission 
joint awards program for street artists be approved in principle 
and that the project move underway as soon as possible; the motion 
was seconded by Commissioner Eichelbaum and unanimously approved. 

Commissioner Genera moved that the Advisory Committee of Street 
Artists and Craftsmen Examiners be authorized to jury with Harvest 
Festival representatives street artist wares and displays for the 
Harvest Festival-Arts Commission joint awards program; the motion 
was seconded by Commissioner Eichelbaum and unanimously approved. 

II REQUESTS BY APPLICANTS FOR POSTPONEMENT OF SCREENING OF WARES 

A. Bill Fortinberry - request for postponement of screening of wares 
to May, 1992. Commissioner Genera moved that Mr. Fortinberry 's 
request be approved; the motion was seconded by Commissioner 



Continued, 



STREET ARTISTS PROGRAM COMMITTEE - June 26, 1991 Minutes Page 3 



Eichelbaum and unanimously approved. 

B. Philip Gao - request for postponement of screening of wares to June, 
1993- Commissioner Genera moved that Mr. Gao ' s request be approved; 
the motion was seconded by Commissioner Eichelbaum and unanimously 
approved. 

III REQUESTS BY FORMER CERTIFICATE-HOLDERS FOR PRIORITY IN ISSUANCE OF CERTIFICATE 

A. Mari Ellen Rowe - Certificate #37^6 expired April 30, 1991; request for 
priority was received by Program on June h, 1991* 

B. Marlene Calcagni - Certificate #3^+78 expired May 26, 1991; request for 
priority was received June 19 i 1991- 

C. Elizabeth Rogers - Certificate #667 expired May 6, 1991; request for 
priority was received June 17, 1991* 

D. Angela Smidt - Certificate #3876 expired June 11, 1991; request for 
priority was received June 26, 1991* 

Commissioner Genera moved that the requests by Mari Ellen Rowe, Marlene 
Calcagni, Elizabeth Rogers, and Angela Smidt be approved; the motion 
was seconded by Commissioner Eichelbaum and unanimously approved. 

E. Phillip Zamorra - Certificate expired May 1, 1986 ; request for priority 
was received by Program on June 7i 1991- Mr. Zamorra was not present, 
nor had he submitted medical documentation to support his request. No 
action was taken on the request. 

IV HEARING ON ALLEGED VIOLATIONS OF STREET ARTISTS ORDINANCE 

A. Horatio Tubio - Certificate #2196. Date of alleged violations: December 
22, 1990. Alleged violations: (l) selling in an area not designated by 
the Board of Supervisors; (2) improper conduct of business/obstruction 
of duty of Art Inspector. (Hearing continued from 5/8/91 meeting.) 
Street Art Inspector Noakes presented details of the case in chronological 
order and stated that she had been asked to enforce the regulations 
strictly during the Christmas season. She submitted photographs of Mr. 
Tubio 's display in an alleged area not designated by the Board of Super- 
visors, on O'Farrell Street near Stockton Street. 

Mr. Tubio told the Arts Commissioners that he had been selling illegally 
because he had wanted to be cited: street artist space "O'Farrell #9" 
was now occupied by mail boxes, and he had wanted to demonstrate that 
the non-designated location next to it should be made into a legal space. 
Furthermore, he said, across the street from him there had been three 
illegal vendors of whom neither the Art Inspector nor the Police had 
done anything. He went on to say that the Art Inspector made a derogatory 

Continued 



STREET ARTISTS PROGRAM COMMITTEE - June 26, 1991 Minutes Page k 



remark to him and that was why he called her a parasite, and that 
he pays her salary and yet "she works for the merchants" and does 
nothing about the illegal vendors. 

Commissioner Eichelbaum stated that what was serious was that Mr. 
Tubio took it upon himself to become illegal in order to make a 
point, and that it was not possible to justify this act. He proposed 
that the artist be censured and given a warning. 

Commissioner Genera concurred. He added that he did not feel that Mr. 
Tubio had obstructed the duty of the Inspector. 

Street artist Bill Clark stated to Mr. Tubio that the artists at 
Christmastime had been asking their peers to not set up illegally 
because this could jeopardize the future in obtaining more selling 
spaces. 

Street artist Robert Clark stated to Mr. Tubio that if some street 
artists did not break the rules, there would not be a need for an Art 
Inspector; and that "if anyone's working for the merchants, you 're 
working for the merchants by breaking the law and giving them justifies 
tion to ask for elimination of spaces. ..." 

With respect to the charge of improper conduct of business/obstruction 
of duty of Art Inspector, Commissioner Eichelbaum stated that it could 
not be found that Mr. Tubio had committed an offense nor that the 
Inspector had verbally offended Mr. Tubio. Commissioner Genera stated 
that it appeared that it was one's word against another's and that 
the Inspector had fulfilled her duty by writing the citation. 

Commissioner Genera moved that Mr. Tubio be found in violation of the 
street artists ordinance by selling in an area not designated by the 
Board of Supervisors and to suspend a penalty for such violation with 
a warning that if Mr. Tubio repeats such violation, the Commission 
would consider imposing a penalty; and that the charge of improper 
conduct of business/obstruction of duty of Art Inspector be dismissed; 
the motion was seconded by Commissioner Eichelbaum and unanimously 
approved. 

PROPOSAL FROM STREET ARTISTS BILL CLARK AND GINNY BURRIS AND PROGRAM 
DIRECTOR HOWARD LAZAR: "PROCEDURE FOR MAKING POLICY: All new items 
of street artist policy submitted to the Street Artists Program 
shall be initially calendared on the agenda of the Street Artists 
Program Committee for possible referral to the Street Artists 
Liaison Committee." 

Program Director Lazar described how, for the past several scheduled 
meetings of the Liaison Committee, very few members of the Liaison 
Committee had appeared, and business could not be voted on. Noticeably 
absent, in fact, had been members who had proposed items for their 



Continued, 



STREET ARTISTS PROGRAM COMMITTEE - June 26, 1991 Minutes Page 5 



agenda. The procedure now being proposed would make any item of 
policy submitted to the office go directly to the Street Artists 
Program Committee rather than be taken up first by the Liaison 
Committee. The Program Committee would have the option of either 
taking action on the item or referring it to the Liaison Committee 
(preferably with a time limit) for action and resubmission to the 
Program Committee. 

Street artist Bill Clark told the Commissioners that it was not 
right for the Program staff to have wasted their time attending 
meetings of which the majority of members had failed to appear, and 
that he, Mr. Clark, received no compensation for wasting his own time 
at such meetings. 

Commissioner Genera moved that the proposed "PROCEDURE FOR MAKING POLICY" 
be approved; the motion was seconded by Commissioner Eichelbaum and 
unanimously approved. 

VI PROPOSAL FROM STREET ARTISTS BILL CLARK AND GINNY BURRIS: ELIMINATION 

OF MINI-LOTTERY (LEAVING THE "MINI-MINI LOTTERY" AS THE ONLY 
SECONDARY LOTTERY) 

Street artist Bill Clark presented his argument for eliminating the 
mini-lottery. Both he and Program Director Lazar requested that the 
matter be given a second opportunity for review by the Liaison Committee 
with the stipulation that if the Liaison Committee fails again to have 
a quorum, the matter will automatically return to the Program Committee 
for action. 

Commissioner Eichelbaum agreed with this, "for the sake of fairness" 
to the artists. 

Commissioner Genera asked that the matter be re-referred to the Liaison 
Committee with a statement on the agenda that if the Committee fails 
to act on it at the meeting, it is to be referred back to the Program 
Committee. 

VII PROPOSAL FROM STREET ARTIST BILL CLARK: SPACE-SHARING SYSTEM 

Street artist Bill Clark explained how his proposal could help to 
alleviate the pressure for getting spaces at the lotteries; that, if 
approved, any artist could allow another artist to sell on a portion 
of the first artist's display so long as the first artist remained 
at the display; that this did not mean that the displays would exceed 
the size regulations nor that artists would revert to the illegal 
practice of "squeezing" (setting up their displays illegally between 
legal spaces) ; and that there was already a precedent for sharing 
spaces by virtue of a family unit member obtaining a space and allowing 
his unit partner to sell in the space with him. 

Continued 



STREET ARTISTS PROGRAM COMMITTEE - June 26, 1991 Minutes Page 6 



Commissioner Eichelbaum questioned whether the proposal could be 
construed by some store merchants as doubling the number of artists, 
as well as whether some artists might demand money from other artists 
for the use of their spaces. He recommended that it be re-submitted 
to the Liaison Committee. 

Street artist Robert Clark suggested that the proposal be implemented 
for a trial period of July and Auguct. 

Commissioner Genera supported the idea of a trial period for summer 
rather than for the Christmas season. If the proposal fails, it 
would be before Christmas; if it succeeds, the Arts Commission 
would be in a position to tell the merchants at Christmas that it 
works. 

Street Art Inspector Noakes pointed out that the proposal could allow 
for a diversity of crafts in a little space, and that the public was 
attracted to diversity. 

Commissioner Eichelbaum moved that the proposal for "SPACE-SHARING 
SYSTEM" be approved for a three-month trial basis for the months 
of July, August, and September; the motion was seconded by Commissioner 
Genera and unanimously approved. 

VIII NEW BUSINESS 

The Commissioners confirmed that their next Committee meeting would 
be held on Wednesday, July 10th. 

There being no further new business, the meeting adjourned at 6:05 p.m. 

Respectfully submitted: 

Howard Lazar & 

Director 

Street Artists Program 



City and County 
of San Francisco 




SF 

A 7a % 



(ylyL ~ Jy<rzAj^^^£T~ 



i nob] 



^« 



TREET ARTISTS PROGRAM COMMITTEE 



25 Van Ness Avenue 

Suite 240 

San Francisco. CA 94102 

(415)554-9671 

FAX #621-3868 



MAYOR 
ArtAgnos 



COMMISSIONERS 

Barbara Sklar 
President 

Nancy Boas 
Vice President 

Vernon Alley 
Stanley Elchelbaum 
Kim Fowler 
Daniel Genera 
AnrteHealy 
John Krlken 
Robert F. LaRocca 
Amalla Mesa-Bains. Ph.D. 
Ral Y. Okamoto 
Dodle Rosekrans 



EX OFFICIO MEMBERS 

Presidents ot the 
Fine Arts Museum 
Library Commission, 
Planning Commission, 
Recreation and Park 
Commission 



ACTING DIRECTOR 
Margie O'Drlscoll 



PROGRAMS 
Arts Festivals 
CMc Art CoBectton 
CMc Design Review 
Neighborhood Arts 
POPS Symphony Concerts 
Public Art Program 
Street Artists Licenses 



Suite 430 

State-Local Partnership 

415-554-9677 

ArtHouse 

415-554-9679 



Arts Commission Gallery 
155 Grove Street 
415-554-9682 



July 10, 1991 

Conference Room (basement) 

25 Van Ness Avenue 

San Francisco, California 



^ 



I N U T E S 



DOCUMENTS D£PT. 

AUS d 1991 

SAM FRANC2SCO 

Commissioners present: Daniel Genera, Stanley Eichelbauin^^-IC ' v *RARY 

Commissioner Genera, Chairman, convened the meeting at h:05 p.m. 

I FROM PROGRAM DIRECTOR: SUBMITTAL OF PETITION (RECEIVED 5/28/91) 
OF hG STREET ARTISTS REQUESTING ARTS COMMISSION TO PROCEED 
WITH A VOTE ON PROGRAM COMMITTEE 1/9/91 RECOMMENDATION THAT 
TWO PERMANENT SELLING SPACES FOR STREET ARTISTS BE DESIGNATED 
ON BEACH STREET, NORTHWEST CORNER, AT HYDE STREET 

Program Director Lazar submitted the petition of ^6 signatures 
he had received on May 28, 1991, which stated: "We, the undersigned, 
request the Arts Commission to take a vote on our recent request 
for two additional artists spaces adjacent to B-l (Beach Street 
curb near Hyde). These spaces are much needed and now that staff 
has conferred with the Wharf Association, we want the Arts Com- 
mission to act soon on this matter so we can press it with the 
Board of Supervisors next." 

Mr. Lazar informed the Commissioners that he had, on March 12, 
1991, carried out the Commission's directive to present the 
artists' request to the Fisherman's Wharf Merchants Association 
(and had later met with Mr. Alessandro Baccari, the Association's 
Executive Secretary, on Beach Street at Hyde Street to review 
the proposed site). Mr. Lazar further stated that he sent an 
agenda of today's meeting to Executive Secretary Baccari and had 
also sent the same agenda with a personal note to Mr. Stanley 
Roth of S. F. Pretzel Co. who had opposed the artists' request 
on the grounds that his pretzel/hot dog stand under a Police 
peddler's license entitled him to the site. Mr. Lazar had, in 
addition, tried to contact Mr. Roth by telephone and had left 
a message informing him of today's meeting. This morning Mr. 
Lazar spoke with Mr. Baccari who said he would not attend the 
meeting, that he had already presented his organization's 
position, and that he had tried to reach Mr. Roth by telephone 
to alert him of the issue but Mr. Roth had not returned his call. 
Mr. Lazar asked that the artists' request now be placed before 
the full Arts Commission. 

Street artist Robert Clark stated that Mr. Roth was incorrect in 




Continued. 



STREET ARTISTS PROGRAM COMMITTEE - July 10, 1991 Minutes Page 2 



asserting that his peddler's license entitled him to occupy the pro- 
posed site. 

Commissioner Genera moved that the Program Committee's January 9, 1991 
recommendation that the Board of Supervisors designate two additional 
permanent selling spaces for street artists on Beach Street, northwest 
corner, at Hyde Street, be re-confirmed; the motion was seconded by 
Commissioner Eichelbaum and unanimously approved. 

II PROPOSAL FROM STREET ARTIST BILL CLARK: SPACE-SHARING SYSTEM 

Program Director Lazar summarized that, on June 26, 1991 1 the Program 
Committee voted to recommend that the space-sharing system proposal 
be approved by the Arts Commission for a three-month trial basis, and 
that the Arts Commission, having received a petition of street artists 
objecting to the proposal, refrained from voting on it so that it could 
be referred back to Committee for further consideration. The purpose 
of today's hearing was to hear reasons or arguments as to why the Com- 
mittee should consider rescinding its recommendation. 

Street artist Virginia Burris objected to the proposal by stating that 
(l) it would circumvent the lottery system by allowing artists with 
"the most friends to get the best spaces"; (2) it would be difficult 
to enforce against an artist's selling another artist's work (at the 
same table); (3) it would be similar to "squeezing" (the past practice 
of artists selling in illegal locations between legal selling spaces); 
and (4) it would negate the lottery's occupancy rule because it would 
allow people to occupy spaces by not obtaining them through the lottery. 

Commissioner Eichelbaum clarified that the intention of the proposal 
was to benefit people who were not able to obtain a good space through 
the lottery, and that these people would not be given an entire space 
but would be allowed to share a space with the artist who obtains it 
through the lottery. 

Street artist William Clark objected to the petition that was circulated 
by Virginia Burris because, he said, Ms. Burris had "misinformed" the 
signators as to what the issue was about and had urged them to sign the 
petition, and because he, Mr. Clark, had not had the opportunity to 
address her remarks. He went on to say that (l) the proposal would not 
circumvent the lottery - rather, if a person missed the lottery due to 
an emergency the person would still have an opportunity to sell; (2) 
he resented the fact that Ms. Burris was speaking on behalf of a group 
of people who had chosen not to attend the meeting, that their lack of 
presence was not fair to those who wanted to address the issues; (3) 
an artist who shares his space with another would not be allowed to 
leave or give his space to the other; and (4) the proposal is enforce- 
able: the argument that, in the Inspector's absence, the artists would 
cheat is the same argument merchants have used against the Street Artists 



Continued, 



STREET ARTISTS PROGRAM COMMITTEE - July 10, 1991 Minutes Page 3 



Program itself, which is, he said, "an unfair assumption." 

Street Art Inspector Barbara Noakes stated that, if the proposal 
were adopted, she would be able to tell whether or not an artist 
is in violation by seeing that if there were two people behind a 
stand, there would have to be two licenses on display. 

Mr. Clark stated that if he vacated a space prior to 3^00 p.m., his 
friend in the space would not be entitled to retain it - this would 
be in keeping with the lottery's rules. 

Commissioner Genera stated that he asked artists on Market Street, 
close to where he works, how they felt about the proposal: everyone 
said they were for it; some had heard about the petition but had 
not signed it; others were convinced to sign it. He had asked one 
artist why so many had signed it, and the artist had replied, "I'm 
sure it was the way it was presented." 

Mr. Clark stated that when he spoke with many who had signed the 
petition, they all changed their opinion. 

Street artist Xavier LeBon told the Commissioners that he was in support 
of the proposal because people who want to be together increase their 
business. Since family units of artists were allowed to share their 
space, he did not see why individual artists could not be allowed to 
share. As a single licenseholder , he would appreciate having the op- 
portunity, during difficult times, to sell from a portion of a friend's 
table. 

Commissioner Genera stated that he had said long ago that mere petitions 
of signatures were not enough to convince him to change his mind; if 
artists were against this proposal, they would have shown up and filled 
the room. The merchants have done this, he said, when they were 
against a proposal. He added that there was no reason why a single 
street artist could not have an "adopted family" to share with, and 
that this proposal might alleviate the problem of some artists selling 
in illegal locations. The proposal could help the artists and also 
make the enforcement job easier; the proposal, he said, was "fair." 
He wanted to see it tried on a three-month basis: if it causes problems, 
the Commission could terminate it. 

Mr. Clark vowed that if the proposal engenders "squeezing," he would 
be the first to inform the Commission, as he had been the one who 
asked the Commission before to end the illegal practice. 

Commissioner Genera moved to re-confirm the Program Committee's 
June 26, 1991 recommendation that the proposal for space-sharing 
system be approved for a three-month trial basis; the motion was 
seconded by Commissioner Eichelbaum and unanimously approved. 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - July 10, 1991 Minutes Page k 



III REQUEST BY APPLICANT FOR POSTPONEMENT OF SCREENING OF WARES 

A. Arleen Scoggins - request for postponement to July, 1992. Commis- 
sioner Genera moved that the request by Arleen Scoggins for post- 
ponement of screening be approved; the motion was seconded by Com- 
missioner Eichelbaum and unanimously approved. 

IV REQUEST BY APPLICANT FOR WAIVER OF 10- DAY POLICY ALLOTTED FOR 

OBTAINING CERTIFICATE 

A. Patricia Newton - Ms. Newton's arts and crafts were approved by 
the Advisory Committee of Street Artists and Craftsmen Examiners 
on June 27, 1991; her letter requested a waiver of policy in order 
to obtain her certificate in October, 1991 J "I receive Social 
Security due to my handicaps. Social Security has a "Pass Program" 
that I'm applying for to help myself to earn money. They will pay 
for the license and for all of my art materials for one (l) year 
to help me get started. I am hoping they will approve it by October, 
1991 ..." Commissioner Genera moved that the request by Patricia 
Newton for waiver of the ten-day policy on obtaining a certificate 
be approved; the motion was seconded by Commissioner Eichelbaum and 
unanimously approved. 

V REFERRAL OF CANDIDATES (TO BE INTERVIEWED 7/17/91) FOR ADVISORY 

COMMITTEE OF STREET ARTISTS AND CRAFTSMEN EXAMINERS, TO ARTS 
COMMISSION MEETING OF AUGUST 5TH 

Commissioners Genera and Eichelbaum were scheduled to interview candidates 
for three positions on the Advisory Committee of Street Artists and 
Craftsmen Examiners on July 17, 1991. Commissioner Genera moved that 
the names of the candidates selected on July 17th be submitted to the 
full Arts Commission at its meeting of August 5, 1991; the motion was 
seconded by Commissioner Eichelbaum and unanimously approved. 

VI NEW BUSINESS 

A. Request by former certificate-holder Darlene Pyeatt for priority 

in issuance of certificate.' (Certificate #3586 expired June 7, 1991 ; 
the Program Director received a verbal request from Ms. Pyeatt on 
July 9, 1991, for priority consideration in obtaining a certificate.) 
Commissioner Genera moved that Ms. Pyeatt 's request for priority be 
approved; the motion was seconded by Commissioner Eichelbaum and 
unanimously approved. 

B. Painting of spaces. Street Artist Virginia Burris requested that 
the location markings of all street artist spaces - especially 
those on Taylor Street - be re-painted. Program Director Lazar 
stated that he had sent a written request for this job to the 
Director of Public Works and would follow up on it. 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - July 10, 1991 Minutes Page 5 



C. New time for Program Committee meetings. Commissioner Genera asked 
that the meetings of the Street Artists Program Committee be moved 
from 4:00 p.m to 4:30 p.m. Commissioner Eichelbaum concurred. 

D. Street Artist Umbrella and Logo Competition. Commissioner Eichelbaum 
stated that Mr. Alessandr Baccari of the Fisherman's Wharf Merchants 
Association had suggested that the street artists design a uniform 
umbrella for their displays; the Commissioner said this would lend 
itself to a more official status for the Program. 

Street artist Virginia Burris expressed disapproval of the concept; 
she said that the present varied colors of the artists' umbrellas 
are the best at this time. 

Commissioner Eichelbaum went on to say that the artists could 
purchase the umbrella in different colors, but the uniform logo 
or insignia could be made available to be sewn on or imprinted on 
the umbrella. 

The Commissioners directed Mr. Lazar to place the item, "Umbrella 
and Logo Design Competition," on the next Program Committee agenda. 

E. August Committee meeting. The Commissioners confirmed that their 
next Committee meeting would be held on Wednesday, August 14, 1991, 
at 4:30 p.m. 

There being no further business, the meeting adjourned at 6:15 p.m. 

Respectfully submitted: 

Howard Lazar 

Director 

Street Artists Program 



plty'and County 
of San Francisco 




8lw 



ytfvir(y TkzAA^^JhJ^' 



STREET ARTISTS PROGRAM COMMITTEE 



25 Van Ness Avenue 

Suite 240 

San Francisco. CA 94102 

(415)554-9671 

FAX #621-3868 



^Jlugust Ik, 1991 
. ^^Arts Commission Meeting Room (Suite 70 ) 



25 Van Ness Avenue 

San Francisco, California 



<^M I N U T E S 



D °CU!V!ENXS DEPI. 

MP 6 1991 

SAN FRANCISCO 
PUBLIC ' '*RARY 



Commissioners present: Genera, Eichelbaum 

Commissioner Genera, Chairman, called the meeting to order at k:^>0 p.m. 



MAYOR 
ArtAgnos 



COMMISSIONERS 

Barbara Sklar 
President 

Nancy Boas 
Vice President 

Vernon Alley 
Stanley Eichelbaum 
Kim Fowler 
Daniel Genera 
AmeHealy 
John Krlken 
Robert F. LaRocca 
Amalla Mesa-Bains. Ph.D. 
Ral Y. Okamoto 
Dodle Rosekrans 



EX OFFICIO MEMBERS 

Presidents of the 
Fine Arts Museum 
Library Commission. 
Planning Commission. 
Recreation and Park 
Commission 

DIRECTOR 

Joanne Chow Winship 



PROGRAMS 
Arts Festivals 
CMc Art Collection 
CMc Design Review 
Neighborhood Arts 
POPS Symphony Concerts 
Public Art Program 
Street Artists Licenses 



Suite 430 

State-Local Partnership 

415-554-9677 

ArtHouse 

415-554-9679 



Arts Commission Gallery 
155 Grove Street 
415-554-9682 



I HEARING ON ALLEGED VIOLATIONS OF STREET ARTIST ORDINANCE 

A. Enrique Mendoza - Certificate #^036. Mr. Mendoza was present. 
Commissioner Genera stated that, due to time and the lengthy 
agenda, he was requesting that the hearing be continued to 
the following month; Commissioner Eichelbaum was in agreement. 

II REQUESTS BY APPLICANTS FOR PRIORITY SCREENING OF WARES 

A. George Acaya - applied November 10, 1988 ; was sent notice 
on March 14, 1990 requesting his response as to whether he 
was still interested in obtaining a certificate; called the 
office on August 13, 1991 to request a certificate and stated 
that he never received the notice. Mr. Acaya told the Com- 
missioners that when he had applied in 1988 he had been told 
that he would be waiting a long time for a certificate, that 
he later moved, and that he felt that the notice sent to him 
might have gotten lost in the mail. He added that, since he 
had already waited, he should not have to go back on the 
waiting list and wait for another seven months (as the Program 
office was now telling him). Commissioner Genera moved that 
Mr. Acaya' s request be approved; the motion was seconded by 
Commissioner Eichelbaum and unanimously approved. 

B. Rosemarie Guilbert - applied February 7, 1990; was sent 
notice on August 8, 1990 requesting her response as to whether 
she was still interested in obtaining a certificate; Program 
Director Lazar reported that Ms. Guilbert called the office 

on July 16, 1991 and said she had never received the notice. 
Commissioner Genera moved that Ms. Guilbert 's request be 
approved; the motion was seconded by Commissioner Eichelbaum 
and unanimously approved. 

III REQUEST BY FORMER CERTIFICATE-HOLDER FOR PRIORITY IN ISSUANCE 

OF CERTIFICATE 

A. Walter Cloud - Certificate #3819 expired July 2k, 1991; Mr. 
Cloud submitted his request for priority to the office on 



•SSlP' 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - August lA, 1991 Minutes Page 2 



August 9» 1991, which stated that he had been out of town, due to 
family illness, at the time his certificate was to be renewed. 
Commissioner Genera moved that Mr. Cloud's request be approved; the 
motion was seconded by Commissioner Eichelbaum and unanimously ap- 
proved. 

IV REQUEST BY APPLICANT FOR WAIVER OF 10-DAY POLICY ON ISSUANCE OF 

CERTIFICATE; REQUEST FOR PRIORITY ISSUANCE OF CERTIFICATE 

A. Dennis Wilbely - was screened and approved on January 10, 1991 to 
sell original oil paintings but did not obtain certificate within 
ten days; his request for priority issuance was received by the 
Program office on August 6, 1991* Program Director Lazar told 
the Commissioners that Mr. Wilbely had informed the office that 
he had not been able to afford the certificate during the allotted 
ten-day period and that he was now asking for a waiver of the 
policy so that he could now purchase the certificate. Commissioner 
Genera moved that Mr. Wilbely 's request be approved; the motion was 
seconded by Commissioner Eichelbaum and unanimously approved. 

V PROPOSAL BY STREET ARTIST ENRIQUE MENDOZA FOR STREET ARTIST SPACES 

AT HARVEY MILK PLAZA (UPPER AND LOWER LEVELS) AND ON CASTRO STREET, 
EAST SIDE, AT l8TH STREET 

Program Director Lazar, referring to the map and letter sent by Street 
Artist Enrique Mendoza proposing selling spaces at Harvey Milk Plaza 
(lower and upper levels) and on Castro Street, at l8th Street (front- 
ing the Security Facific building complex) , reported that he had taken 
measurements of the proposed sites. He submitted his written findings 
and recommendations. Briefly, the Program Director's recommendations 
were as follows: 

1) Harvey Milk Flaza (upper level) : recommended that 3 of the pro- 
posed 7 street artist spaces be submitted to the Board of 
Supervisors for designation as permanent spaces, as these 3 
spaces would be in the recessed areas of the pedestrian walk- 
way adjacent to the planter area and would meet with the street 
artist regulations. 

2) Harvey Milk Plaza (lower level) : recommended that all k proposed 
street artist spaces, which had been designated by the Board of 
Supervisors as temporary spaces for the 1990 Christmas season, 
be submitted to the Board for designation as permanent spaces, 
and that they be exempted from the 12 ' -distance- from-doorway 
regulation (while these spaces would be in a plaza area away 
from the Municipal Railway station entrance, they would never- 
the less fall in a perpendicular line within 12' of the outer 
edge of the entrance to the station). 



Continued, 



STREET ARTISTS PROGRAM COMMITTEE - August 14 , 1991 Minutes Page 3 



3) Castro Street, east side, at l8th Street : recommended that the 
two proposed street artist spaces be not designated due to the 
narrow width of the sidewalk (11' 10") which would not allow for 
a street artist display without exempting it from the 10' -wide 
pedestrian walkway regulation and the 12 ' -distance-from-doorway 
regulation. 

Mr. Mendoza told the Commissioners that the h proposed sites in the lower 
level of Harvey Milk Plaza, in which he had worked during the last 
Christmas season, were out of the way of the flow of pedestrian traffic 
in and out of the station. 

Mr. Lazar stated that he had written to the following personnel whose 
businesses or organizations would be impacted by the proposed sites, 
inviting these people to attend today's meeting: Judy Rohl, Bank Manager, 
Security Pacific Bank, Castro Office; Peggy Mouldin, Bank Manager, Bank 
of America, Castro-Market Branch; Officer Dennis Tomason, San Francisco 
Police Department, Mission Station; David Sahagun, President, Merchants 
of Upper Market Street; Paul Kantus, East/West of Castro Improvement Club; 
Fred Methner, East/West of Castro Improvement Club; and Stephen Cornell, 
Council of District Merchants. Mr. Lazar noted that none of these people 
nor any representative of their groups appeared at the meeting, and that 
the Program had not received word (in writing or over the telephone) 
from any of these people or their representatives. Mr. Lazar said that 
he would write to the Municipal Railway, and that it would be adviseable 
to consider input from Muni on the proposed Harvey Milk Plaza spaces 
before the proposal is submitted to the full Arts Commission and the 
Board of Supervisors. 

Mr. Mendoza stated that he had gathered 160 signatures in support of 
his proposal, but if the Committee wished to continue its hearing on 
the matter, he would also speak to all the merchants in the area and 
would request their support. He added that Officer Dennison Tomason 
was in favor of the spaces being designated so that he could direct all 
illegal vendors who currently sell in the areas to obtain permits from 
the Arts Commission. 

Commissioner Genera asked Mr. Mendoza to approach the merchants in order 
to obtain their full support. The Commissioner stated that the matter 
would be continued to the next meeting of the Program Committee (September 
11th). 

VI HEARING ON PROPOSALS FOR CELEBRATION OF THE 20TH ANNIVERSARY OF THE STREET 
ARTISTS PROGRAM 

A. Street artist exhibit at San Francisco International Airport. Program 
Director Lazar introduced Ms. Louise Jordan to the Committee and thanked 
her for her request to Elsa Cameron, Director of the Airport's Bureau 
of Exhibitions, to contact Arts Commission President Barbara Sklar on 
the possibility of an Airport exhibit celebrating the Street Artists 



Continued, 



STREET ARTISTS PROGRAM COMMITTEE - August I**, 1991 Minutes Page h 



Program's twentieth anniversary. 

Ms. Jordan told the Commissioners that the idea had come up in a 
conversation she had with President Sklar, and that Ms. Cameron had 
written to President Sklar expressing interest in having a photo 
exhibit of the street artists. 

Mr. Lazar stated that, according to the Airport's guidelines, the 
Airport has no funds to produce the exhibit. The Street Artists Program, 
therefore, would have to pay for the costs of photography. He also 
reported that Ms. Cameron had told him that it could be either an 
exhibit on past and present street artists or on the process involved 
in obtaining a street artist certificate and obtaining selling spaces 
through the lottery; or it could be comprised of photos of the arts 
and crafts objects themselves. In addition, there would be a large 
map showing the street artist locations - this would be the primary 
focus, as 8,000 visitors a day pass through the area of the exhibit. 

Commissioner Eichelbaum asked if there could be street artists selling 
at the Airport. Mr. Lazar responded that Ms. Cameron had told him 
that such a request did not fall under her responsibility but would 
have to be referred to Mr. Peter Nardoza, Deputy Director of Business 
and Finance. Commissioner Eichelbaum said that there could be strong 
opposition to this from the vendors who pay to sell at the Airport. 
Mr. Lazar stated that it was his understanding that the Airport 
received a percentage of the sales made by their vendors. 

Commissioner Genera favored the idea of combining a map of street 
artist locations with a photo exhibit of what it takes to be a street 
artist as well as pictures of the artists' wares themselves. 

Mr. Lazar said such an exhibit would give the public three messages: 

(1) this is a municipally run program involving a screening procedure; 

(2) this is the twentieth anniversary of the program; and (3) these 
are some of the products you will being sold by the artists on the 
streets. 

Street Art Inspector Barbara Noakes suggested that some artists be 
approached for the use of photographs they already have of their 
work. 

Street artist Denise Ward said many artists already have fine quality 
slides of their work which could be converted economically into black 
and white prints. Mr. Lazar stated that for this, as well as for 
color prints, the City Hall Reproduction Bureau could probably do the 
job economically; he would check on the prices. 

Inspector Noakes suggested that the map of the locations have inset 
pictures of the artists and the locations similar in style to the 
inset page of a travel brochure - this would serve as an effective 
"ad," in conjunction with the anniversary year, telling people where 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - August lA, 1991 Minutes Page 5 



the artists and their products are as well as conveying a sense of 
the products themselves. 

Ms. Jordan presented a list of corporate galleries in San Francisco 
who might be interested in a street artist exhibit. Ms. Jordan said 
that these galleries have their own budgets for such exhibits. 

Inspector Noakes stated that it was possible that some public relations 
elements of one exhibit could be used in other exhibits, spreading the 
cost and saving money, throughout the year. 

Mr. Lazar said he would have further information on the progress of 
the Airport exhibit proposal, for the next Program Committee meeting. 

B. Umbrella and Program logo design competition. Program Director Lazar 
stated that several years ago some street artists and he met with Mr. 
Alessandro Baccari, Executive Director of the Fisherman's Wharf 
Merchants Association, in Mr. Baccari' s office on an issue of artists' 
spaces, and in the course of the discussion Mr. Baccari put forth an 
idea of the Street Artists Program having its own logo displayed with 
the logos of the Arts Commission and the City and County on either 
every artist's display or on a uniform umbrella over the display. 
Mr. Baccari had referred to similar displays of logo on artists' 
umbrellas or booths throughout Europe. The purpose of a logo for 
the Street Artists Program would be for the public to discern a municipal- 
ly sponsored group of artists from regular vendors (legal or illegal) and 
from charitable solicitor vendors. 

Mr. Baccari told the Commissioners that he felt very strongly about 
such a concept, and that the Arts Commission, in its jurisdiction over 
the Street Artists Program, should showcase the artistry of the street 
artists, "the majority of whom truly intend to show their crafts." 
By showcasing the artists under umbrellas, he said, the City would be 
showing an endorsement of the artists. "By creating identification 
so that it has in itself something that is neat, dramatic, something 
to see ... that the tourists or residents ... will identify: 'That is 
a San Francisco-authorized street artist - something I have no fear to 
deal with, something I can feel good about,' and I think if you can 
do that, then the romance starts forward, and the new imagery takes 
place. ... If you dramatize it in posters, then the City can sell it 
through the Convention Bureau, the Chamber of Commerce, that these are 
craftsmen at work. We've yet to see this." 

Mr. Baccari went on to propose that crafts demonstration events be 
sponsored, whereby craftspeople show how they make their work. He 
stressed that if the artists' creativity is "dramatized," their image 
will change. What would also change, he said, is the attitude of 
merchants "who know they have to compete with them." The Arts Com- 
mission, he said, has neglected to promote the image of its street 
artists. "You invest in a lot of things ... You can invest in these 



Continued, 



STREET ARTISTS PROGRAM COMMITTEE - August lk, 1991 Minutes Page 6 



people" through money for umbrellas or to create a logo. "... It 
would change the whole atmosphere for them. And then everyone will 
begin to rally around them. The doors would be open for them." 

Mr. Baccari informed the Commissioners that on Saturday he witnessed 
six illegitimate vendors selling watches and other merchandise. He 
asked them for their permits; they had none. The average person, he 
said, does not know the difference between street artists and these 
other vendors. "On the twentieth anniversary, this is the ideal 
time, and a wonderful time, to dramatize." In reference to the 
proposed exhibit at the Airport, he recommended that the Commission 
arrange for a public crafts demonstration by street artists. Also, 
some of the street artist photographers could photograph such works . 
in progress for their use in posters; Polaroid transparencies could 
look like a painting. The new image would, he said, help him as he 
represented associations who would then look at street artists 
differently. "There should be a commitment on the part of this 
committee to take back to the full Arts Commission and say 'We have 
a chance to do something very beautiful, very dramatic' And I for 
one would serve on any citizens committee that this committee wants 
to organize to really get people to rally around it for you." He 
suggested competitions in craft and awards to encourage the artists. 
If the Program Committee did nothing else for them, he said, the 
Committee should create an identity for the artists. 

Commissioner Eichelbaum stated that he had suggested having a competi- 
tion to create a logo, as well as an investigation into the least 
costly umbrellas for the artists to buy. 

Mr. Baccari further suggested that there be a label (with street artist 
and Arts Commission logos and the words "20th anniversary" on it) on 
the artists' merchandise. He went on to describe the purposes of a 
proposed committee: (l) to look at the twentieth anniversary of the 
Program; (2) to upgrade the image of the street artists (the main 
priority); (3) to promote contests to better "visualize" the Program; 
(k) to present a comprehensive plan which creates an image for the 
street artists "that is similar to the identity seen of artists in 
European and Asian countries where they are looked upon with great 
respect and affection" - this could be done by giving the artists 
a logo stamp and umbrella which, in turn, would make their selling 
zones look different; and (5) to encourage the artists to form a 
public relations entertainment center, as is done in Europe and 
Mexico, where they would put on free public demonstrations of the 
making of their crafts. 

Street artist Denise Ward stated that some artists would be very 
enthusiastic about this, and that, with respect to artists having 
a "unifying look," the artists are particular about their "look," 
and she favored a uniform flag, rather than an umbrella: the flag 
would be very inexpensive, would signify unity in the program, and 



Continued, 



STREET ARTISTS PROGRAM COMMITTEE - August Ik y 1991 Minutes Page 7 



would still allow each artist to retain the individual look of 
their booth. 

Mr. Baccari recommended that a comprehensive plan for next year's 
celebration activities be completed by the first week of November, 
1991- He also recommended that, with respect to an Airport 
exhibit, k* x 8' murals be exhibited to achieve a solid wall of 
creativity: artists and their crafts in action. 

Commissioner Genera said that he agreed with Mr. Baccari on two 
major points: (l) the Commission and the artists should concentrate 
on the twentieth anniversary of the Program, and (2) the Commission 
and the artists should concentrate on upgrading the image of the 
artists. He emphasized that, at this point in time, the anniversary 
plans should have priority in order to show the artists that the 
Commission is trying to do beneficial things for them "and not 
just expecting them to change." 

Mr. Baccari stated that he favored as a priority the upgrading of 
the image because, if there was an upgrading, merchants would 
not be negative toward the artists' use of spaces. 

Commissioner Eichelbaum stated that it should be the Advisory 
Committee of Street Artists and Craftsmen Examiners to be the 
initiator of the comprehensive plan for next year's celebration 
activities; while the Advisory Committee could be assisted by 
other people, the number of participants on the plan should, for 
the sake of getting the job done, be kept at a minimum. 

Advisory Committee Chairman Mathew Porkola submitted a preliminary 
written proposal for next year's events. In addition, Mr. Lazar 
submitted a preliminary outline of plans he had received from 
Advisory Committee members Wendy McPhee and Josie Grant. 

C. Street Artist group show in Arts Commission gallery. Program Director 
Lazar reported that he had spoken with the Arts Commission Gellery's 
director in reference to a suggestion made by the Advisory Committee 
of Street Artists and Craftsmen Examiners that, as part of the 
Program's twentieth anniversary, there be a street artist exhibit 
in the gallery. The gallery director had told Mr. Lazar that such 
an exhibit might conflict with the Commission's stated purposes of 
the gallery - namely, (l) that the gallery "is a not-for-profit 
exhibition space," and (2) "exhibits include artists who have 
difficulty finding other venues for their work." 

Advisory Committee Chairman Mathew Porkola stated that this was 
why he emphasized in his letter-proposal that the street artists 
be permitted to show in the gallery only work that they cannot 
show on the street. 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - August lk, 1991 Minutes 



Page 8 



Whether or not the gallery may be used for such an exhibit, Mr. 
Lazar reported that he had heard of opportunities to exhibit on 
the ground floor (Van Ness Avenue entry area) of City Hall, and that 
he had left a message for the City Hall exhibits coordinator to 
call him. 

RECOM- Commissioner Eichelbaum moved that the Advisory Committee of Street 
MENDA- Artists and Craftsmen Examiners be authorized to develop plans for 
TION the celebration of the twentieth anniversary of the Street Artists 
Program, with emphasis on the promotion of the image of the Street 

Artists Program; the motion was seconded by Commissioner Genera and 

unanimously approved. 

It was clarified that the Advisory Committee would hold special 
meetings or hearings to receive from street artists, merchants, 
and the public, proposals for the celebration and, once having 
developed plans, would submit their plans to the Program Committee. 

There being no new business, the meeting adjourned at 6:00 p.m. 



Respectfully submitted: 

Howard Lazar 

Director 

Street Artists Program 



City and County 
of San^tanclsco 







<Vnta 



STREET ARTISTS PROGRAM COMMITTEE 



September 11, 1991 

Arts Commission Meeting Room - Suite 7j§QC/in*e. 

25 Van Ness Avenue " u »riENTS 



25 Van Ness Avenue 

Suite 240 

San Francisco, CA 94102 

(415) 554-9671 

FAX #621-3868 



MAYOR 
ArtAgnos 



COMMISSIONERS 

Barbara Sklar 
President 

Nancy Boas 
y/lce President 

Vernon Alley 

Stanley Elchelbaum 

Daniel Genera 

Anne Healy 

John Kriken 

Robert F. LaRocca 

Genny Um 

Amalla Mesa-Bains. Ph.D. 

Ral Y. Okamoto 

Dodle Rosekrans 



EX OFFICIO MEMBERS 

Presidents of the 
Fine Arts Museum 
library Commission, 
Planning Commission, 
Recreation and Park 
Commission 



DIRECTOR OF 
CULTURAL AFFAIRS 
Joanne Chow Winship 



PROGRAMS 
Arts Festivals 
CMc Art Collection 
Civic Design Review 
Neighborhood Arts 
POPS Symphony Concerts 
Public Art Program 
Street Artists Ucenses 



Suite 430 

State-Local Partnership 

415-554-9677 

ArtHouse 

415-554-9679 



Arts Commission Gallery 
155 Grove Street 
415-554-9682 



25 

San Francisco, California 

MINUTES 

Commissioners present: Genera, Eichelbaum 



OCT 4 



OEPT. 

mi 



^i6?tefo$ 



Commissioner Genera, Chairman, called the meeting to order at V. 30 p. 



m. 



I POLICY PROPOSAL FROM PROGRAM DIRECTOR: TIME LIMIT ON ISSUANCE OF 

CERTIFICATE TO A FORMER CERTIFICATE-HOLDER 

Program Director Lazar asked the Commissioners to recommend the 
adoption of the following policy which would be in keeping with 
the present policy of a time limit on issuance of a certificate 
for an applicant: 

"A former certificate-holder whose request for priority 
above the waiting list of applicants in the issuance 
of a certificate is approved by the Arts Commission 
must purchase a certificate within ten (10) office work 
days from the date of the Arts Commission's approval or, 
if a re-examination of the artist's wares is scheduled, 
within ten (10) office work days from the date of re- 
examination of the artist's wares by the Advisory Com- 
mittee of Street Artists and Craftsmen Examiners." 

Commissioner Genera moved that the above proposed policy be ap- 
proved; the motion was seconded by Commissioner Eichelbaum and 
unanimously approved. 

II PROPOSAL BY STREET ARTIST ENRIQUE MENDOZA FOR STREET ARTIST SPACES 

AT HARVEY MILK PLAZA (UPPER AND LOWER LEVELS) AND ON CASTRO 
STREET, EAST SIDE, AT 18TH STREET 

Commissioner Genera stated that this item would be continued to 
the following month's meeting because street artist Enrique Mendoza 
was not able to be present due to work commitments. 

III REQUEST BY APPLICANT FOR PRIORITY SCREENING OF WARES 

A. Anna Otarola Rubio - did not appear at scheduled 8/29/91 Ad- 
visory Committee screening; her request for priority screening 
was received by the Program on 9/3/91* It was noted, from her 
letter, that Ms. Rubio had been unable to keep her appointment 



Continued. 




STREET ARTISTS PROGRAM COMMITTEE - September 11, 1991 Minutes Page 2 



due to a health problem. Commissioner Genera moved that Ms. Rubio's 
request for priority screening of wares be approved; the motion was 
seconded by Commissioner Eichelbaum and unanimously approved. 

IV HEARING ON ALLEGED VIOLATIONS OF STREET ARTIST ORDINANCE 

A. Enrique Mendoza - Certificate #4036. Alleged violations: (l) 
selling in areas not designated by the Board of Supervisors; (2) 
improper conduct of business/obstruction of duty of Art Inspector. 
Mr. Mendoza was not present. Commissioner Genera stated that he 
had spoken with Mr. Mendoza, that Mr. Mendoza had admitted to 
having sold his wares in a non-designated area, and that the Com- 
missioner told him he was going to recommend that Mr. Mendoza be 
found in violation for selling in a non-designated area and that 
he be given a warning that any future violation of this nature 
would result in a penalty. 

Art Inspector Noakes stated that she had observed Mr. Mendoza in 

two non-designated areas and that he had caused a serious disturbance. 

Program Director Lazar noted that Mr. Mendoza 1 s alleged violations 
were similar to those of street artists Horatio Tubio and Marc 
Cassius: they had occurred during the same time of year (last 
Christmas season) , and the Arts Commission had found them each in 
violation and had suspended the penalty and given each a warning. 

Commissioner Genera moved that Mr. Mendoza be found in violation 
of the street artist ordinance by selling in an area not designated 
by the Board of Supervisors, that a penalty be suspended and a 
warning be given to Mr. Mendoza that any future violation of 
selling in an area not designated by the Board of Supervisors 
would result in a penalty; the motion was seconded by Commissioner 
Eichelbaum and unanimously approved. 

V REPORT BY STAFF ON DEVELOPMENT OF PLANS FOR 20TH ANNIVERSARY OF STREET 

ARTISTS PROGRAM 

Program Director Lazar stated that he had assigned much of the research 
duties for the anniversary project to the Program's Junior Management 
Assistant, the Art Inspector. He asked Inspector Noakes to report on 
the developments. 

Inspector Noakes told the Commissioners that she had been working on 
research to give first to the Advisory Committee of Street Artists 
and Craftsmen Examiners (whom the Arts Commission had assigned to 
draft and deliver to the Program Committee a comprehensive report 
on next year's plans by November, 1991) • Some of the items to be 
submitted to the Advisory Committee will be the following: (l) the 
costs involved in designing a Program logo and imprinting the logo 
on flags, umbrellas, and other material; (2) the costs of posters 

Continued 






STREET ARTISTS PROGRAM COMMITTEE - September 11, 1991 Minutes Page 3 



and flyers to be given to the public, making the street artists' 
identity visible; (3) information on corporate galleries who would 
be interested in offering street artist exhibits in the years fol- 
lowing the Program's anniversary; (4) further details on the photo 
exhibit of the Program at the airport's North Terminal's Gate 62, 
which will run from March through August, 1992 (the main tourist 
season) during which it is estimated that 8,000 people per day 
pass through the terminal of which 12% stop and view the wall 
exhibits - over the scheduled five-month period, therefore, it 
could be expected that 120,000 people would actually be looking 
at the street artist display. Ms. Noakes went on to say that the 
airport was offering to do graphics for the exhibit, that there 
would be fifteen display frames on an extensive wall which would 
also accommodate a large map of the city's street artist locations, 
and that any of several potential story-lines could be chosen as 
most suitable for the site: an attempt will be made to tell the 
story of the Arts Commission as the sponsor over the last twenty 
years of a program which has emerged as a good investment for City 
government, and to also tell a story about the originality of the 
art work which is screened, before it is licensed, by an Arts 
Commission committee. One street artist photographer, she said, 
has volunteered to do some photography of the street art itself 
which would add to photos about the screening and licensing procedures, 

In response to a question by Commissioner Genera, Ms. Noakes said 
there would not be room in the airport show to display street artist 
wares, due to security reasons. 

Street artist Laurie Price told the Commissioners that this was a 
"big opportunity ... for the city ... to go all out. ... We're going 
to need your help, and we're going to put some energy into this 
ourselves." She said the Program should be "really showcased" at 
the airport, that the Program should work with the airport's curators 
in putting on an enthusiastic show. She called for services to be 
donated from various sources - writers, graphic artists, poster 
disseminators. 

Program Director Lazar welcomed Ms. Price's support and said that 
once staff did their part in researching the costs and presenting 
these to the Advisory Committee, Ms. Price and others would be 
especially welcomed to work with staff and Committee in finding 
sources to cover the costs. 

Commissioner Eichelbaum said that the Program should prepare its 
budget of costs for these events and, if necessary, apply for a 
grant. He estimated that the costs could amount to $5,000. He 
added that the display at the airport should be "smashing." 

Ms. Noakes went on to report that Mr. Lazar had asked her to prepare 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - September 11, 1991 Minutes Page ^ 



two budget packages for the anniversary activities - an optimum 
budget and a moderate budget - for delivery to the Advisory Committee 
and the Program Committee. Other plans, she said, may involve making 
a videotape of street artist demonstrations of crafts (as per the 
idea of live demonstrations as suggested by Mr. Baccari at the last 
Program Committee meeting); a logo design easily transferred onto 
clothing, umbrellas, or flags; and regular institutional public 
relations which would not increase the Program's budget. 

VI REQUEST BY FORMER CERTIFICATE-HOLDER FOR PRIORITY IN ISSUANCE OF 
CERTIFICATE 

A. Barbara Lacey - Certificate #^025 expired 8/21/91; Ms. Lacey's 
request for priority was received by the Program on 9/3/91* Ms. 
Lacey was not present. (The Program Director had written and 
spoken to Ms. Lacey, requesting that she appear in order to answer 
questions from the Commissioners, relative to a complaint the 
Program had received alleging that Ms. Lacey had conducted business 
in a disorderly, hazardous, and improper manner.) 

The Commissioners received testimony from portrait artist Brian Hopper 
regarding an alleged incident of August 30, 1991 in which Ms. Lacey 
had allegedly acted in a disorderly and improper manner. The Com- 
missioners received a petition signed by six portrait artists 
requesting that Ms. Lacey's street artist license be terminated and 
charging that Ms. Lacey was disruptive of other artists' business. 
Mr. Hopper testified that this disruptive behavior has occurred in 
recent years, whereas he said that Ms. Lacey orignally acted in a 
stable manner. 

Commissioner Genera moved that Ms. Lacey's request for priority 
issuance of certificate be disapproved due to the complaints and 
petition received from other street artists against Ms. Lacey 
and due to the fact that Ms. Lacey did not attend the hearing; the 
motion was seconded by Commissioner Eichelbaum and unanimously 
approved. 

Commissioner Genera stated that if Ms. Lacey contested the recom- 
mendation, an investigation would be conducted on the reasons for 
the complaints received against Ms. Lacey. 

There being no further business, the meeting adjourned at 6:00 p.m. 

Respectfully submitted: 



Howard Lazar 

Director 

Street Artists Program 



:ity and County 
f Saafranclsco 





5 Van Ness Avenue 

Jte240 

an Francisco. CA 94102 

115)554-9671 

\X# 621-3868 



IAYOR 
rtAgnos 



OMMISSIONERS 

arbara Skiar 

esident 

ancy Boas 
Ice President 

emon Alley 

anley Elchelbaum 

anlel Genera 

nneHealy 

>hn Kriken 

obert F. LaRocca 

enny Um 

malla Mesa-Bains. Ph.D. 

a\ Y. Okamoto 

odle Rosekrans 



< OFFICIO MEMBERS 

residents of the 
ne Arts Museum 
brary Commission, 
dnnhg Commission, 
ecreatlon and Park 
ommbsion 



IRECTOR OF 
ULTURAL AFFAIRS 
xinne Chow Winship 



?OGRAMS 

rts Festivals 

Mc Art Collection 

Mc Design Review 

elghborhood Arts 

DPS Symphony Concerts 

Jbllc Art Program 

reet Artists Licenses 



lite 430 

ate-Local Partnership 

5-554-9677 

ftHouse 

5-554-9679 



1s Commission Gallery 
>5 Grove Street 
5-554-9682 



^ STREET ARTISTS PROGRAM COMMITTEE 

October 9, 1991 

Arts Commission Meeting Room 

25 Van Ness Avenue 

San Francisco, California 



<%%- 



I N U T E S 



DOCUMENTS PEPT 
m 3 1991 

SAN FRANCISCO 



Members present: 



Commissioner Daniel Genera 
Commissioner Stanley Eichelbaum 



Commissioner Genera, Chairman, called the meeting to order at h\~5Q> p.m. 

I HEARING ON REQUEST FROM PROGRAM DIRECTOR FOR BOARD OF SUPERVISORS 
DESIGNATION OF TEMPORARY SELLING SPACES IN DOWNTOWN AREA FOR 
CHRISTMAS SEASON, 1991; PROPOSED PERIOD OF DESIGNATION: 
NOVEMBER 15, 1991 - JANUARY 15, 1992 

The Chairman asked Program Director Howard Lazar to present his 
request for this year's Christmas spaces. Mr. Lazar made the 
following points: 

1) This year will be the ninth consecutive year that the 
Arts Commission will be submitting a request-package of temporary 
(additional) selling spaces, on behalf of the street artists, to 
the Board of Supervisors. For the past eight years, the Board of 
Supervisors has approved each of the requests submitted by the 
Commission. 

2) For this year the Program Director was proposing that 
the temporary spaces be designated for the same extended period 
of time as had been approved by the Board of Supervisors for 
last year: November 15th - January 15th. 

3) The Program Director was also proposing that the Board 
of Supervisors be requested to designate the same spaces as had 
been designated last year, with the exception of the following 
eight spaces: 

Spaces 

1 - Post Street, north side, Grant to Stockton (adjacent 

to Gump's and the former Elizabeth Arden store) 

2 - Post Street, north side, Powell to Stockton Streets 

(adjacent to new Tiffany store entrance, formerly 
Qantas entrance) 

1 - California Street, north side, Sansome to Montgomery 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - October 9, 1991 Minutes Page 2 



h - Harvey Milk Plaza (lower level). 

In reference to these, Mr. Lazar explained that the one space on 
Post Street, adjacent to Gump's/Elizabeth Arden, was lost due to 
the placement of a tree on the space, as well as the placement of 
newly constructed doorways in Gump's and in the former Elizabeth 
Arden building, making it impossible to place an adjacent street 
artist space in conformance to the twelve-foot distance- from-doorway 
regulation. (Mr. Lazar submitted a letter from Gump's Group Vice 
President Charles Dishman requesting that no street artist spaces be 
located near his store, as traffic was anticipated to be very heavy 
due to Gump's "Christmas Shop" and also the store's featuring of 
the SPCA Dog and Cat Adoption Program in its windows this year.) 

Similarly, the location of the newly constructed entrances of the 
Tiffany store (formerly the Qantas entrance) would not make it pos- 
sible to place the previous two adjacent spaces, as the distance- 
from-doorway regulation would not be met. In previous years, these 
spaces had been designated by the Supervisors' exempting them from 
the regulation because the Qantas doorways were recessed considerably 
from the sidewalk thoroughfare; now, however, the Tiffany reconstruc- 
tion brought the doors out to the property line, and this would make 
a request for an exemption from the regulation highly questionable. 

With regard to the deletion of one space on California Street, the 
Program Director stated that this space, while approved last year, 
was not put in use because the Department of Public Works representa- 
tive had felt it would be too close to a sidewalk elevator door and 
had refused to mark the space. 

With regard to the deletion of four spaces at Harvey Milk Plaza, 
the City Attorney's office was presently investigating the question 
(submitted by Municipal Railway) of whether it is legal to have 
street artist spaces adjacent to or within a Muni station and/or 
whether the Board of Supervisors has the authority to designate 
street artist spaces on property belonging to the Public Utilities 
Commission. 

Of these eight deleted spaces, three are considered prime selling 
locations: the two by Tiffany (formerly Qantas) and the one by 
Gump's/Elizabeth Arden. 

k) Despite the deletion of eight spaces from last year's 
package, and despite three of these being prime locations, the 
package for submittal to the Board of Supervisors would retain 
twenty-eight prime spaces, as follows: 

Spaces 

8 - Market Street (adjacent to San Francisco Shopping centre/ 
Nordstrom) 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - October 9, 1991 Minutes Page 3 



6 - Stockton Street, Post to Sutter (5 adjacent to the 
Grand Hyatt Hotel and 1 across the street) 

6 - Stockton Street, O'Farrell to Geary (adjacent to 
Neiman Marcus and Macy's) 

5 - Market Street, Montgomery to Kearny (across from 
BART Plaza) 

3 - Stockton Street, Market to O'Farrell (adjacent to 
F. A. 0. Schwartz). 

5) The twenty-eight prime spaces are part of a total package of 
seventy-one temporary (additional) Christmas spaces to be submitted 
to the Board of Supervisors. 

Mr. Edward Lawson, Executive Director of the Union Square Association, 
told the Commissioners that his group concurred with the Program 
Director's recommendation to not request spaces adjacent to the Tif- 
fany entrance, and that the location had not been used by the artists 
during the previous Christmas season due to the construction barricade 
in front of the building. With respect to the previous location 
adjacent to Gump's, Mr. Lawson stated that Gump's was expanding into 
the Elizabeth Arden building, and that the store was asking that the 
street artist space not be used. Mr. Lawson stated also that the 
management of Campton Place Hotel did not want to see re-designated 
the space adjacent to the hotel, as this would encroach upon their 
loading operation. 

Mr. Michael Moser, General Manager of Tiffany Company, asked that 
spaces not be re-designated adjacent to his building due to the follow- 
ing reasons: (a) ten feet of pedestrian walkway had been eliminated 
by the expansion of the building's entrance; (b) with the opening of 
the store, "phenomenal traffic" was expected as well as increased 
traffic for Qantas who would now be on the *+th floor; and (c) the 
sidewalk elevator would make placement of spaces hazardous. 

Commissioner Eichelbaum stated that he was not in favor of deleting 
from the request the space near Campton Place Hotel, in considera- 
tion of the fact that eight prime spaces were already being deleted. 

Commissioner Genera moved that the Program Director's recommendations 
and request be approved, and that the request be submitted to the 
Board of Supervisors for designation of temporary selling spaces in 
the Downtown area for Christmas season, 1991 i beginning on November 
15 i 1991 i and ending on January 15, 1992; the motion was seconded 
by Commissioner Eichelbaum and unanimously approved. 

II HEARING ON REQUEST FROM PROGRAM DIRECTOR FOR ARTS COMMISSION TO 

REQUEST AMENDING LANGUAGE TO SEPTEMBER, 1991 FISHERMAN'S WHARF 
AREA/NORTHEASTERN WATERFRONT PLAN , TO REMOVE EXISTING TOUR BUS 
PASSENGER ZONE ON HYDE STREET (BEACH TO JEFFERSON STREETS) AND 
TO RELOCATE ZONE TO POLK STREET (SOUTH OF BEACH STREET) 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - October 9, 1991 Minutes Page k 



Program Director Lazar reported that he had attended a recent meeting 
of the Fisherman's Wharf Citizens Advisory Committee and, at the 
request of street artists, had asked that language be amended in the 
September, 1991 draft of the Fisherman's Wharf Area/Northeastern 
Waterfront Plan (Department of City Planning) to reflect that a tour 
bus passenger island adjacent to the Haslett Warehouse (Hyde Street) 
be not proposed, and that the tour buses presently alongside and 
blocking the view of the artists' spaces on Hyde Street (Beach to 
Jefferson Streets) be relocated to Polk Street south of Beach Street 
(as currently offered as an alternative in the draft plan). This request 
had met with some opposition, and the Chairman of the Citizens Advisory 
Committee, Mr. Peter Brown, had advised that the Arts Commission send 
a letter stating the request, and the matter would be calendared for 
discussion. The subject language for amendment occurred on page 39 of 
the draft, as follows: "Additional space can be provided for loading 
and unloading of tourists visiting Fisherman's Wharf by tour bus and 
tour van by: ... Designating tour bus passenger zones for western 
Fisherman's Wharf on Hyde Street with a passenger island adjacent to 
the Haslett Warehouse and/or on Polk Street south of Beach Street." 
Hours for the tour bus parking on Hyde Street were established (by 
Board of Supervisors resolution) as 10 a.m. to k p.m. every day. 

Commissioner Genera moved that the Arts Commission's Director of Cultural 
Affairs be authorized to write to the Chairman of the Fisherman's Wharf 
Citizens Advisory Committee, requesting that the language on page 39 
of the September, 1991 draft of the Fisherman's Wharf Area/Northeastern 
Waterfront Plan (Department of City Planning) in reference to tour bus 
zones be amended to reflect that the present tour bus parking area on 
Hyde Street (Beach to Jefferson Streets) be rescinded and relocated 
to Polk Street south of Beach Street, and that the proposal for a 
passenger island on Hyde Street, adjacent to the Haslett Warehouse, 
be deleted; the motion was seconded by Commissioner Eichelbaum and 
unanimously approved. 

Ill REQUESTS BY APPLICANTS FOR PRIORITY IN SCREENING OF WARES/CERTIFICATION 

A. Konstantin Gortinsky - Mr. Gortinsky's request was received by the 
Program on September 11, 1991* Program Director Lazar reported that 
Mr. Gortinsky, a former certificate-holder whose certificate had 
expired on January 12, 1983i had called the Program office, requesting 
to know the status of his application for a certificate, and the office 
found no record of his having applied. Mr. Gortinsky now submitted 
to the Commissioners a written receipt for his application, signed 
by the Street Artists Program clerk on July 20, 1989 1 and stated that 
he had just found the receipt that morning. Commissioner Eichelbaum 
moved that Mr. Gortinsky's request for priority screening and certifi- 
cation be approved; the motion was seconded by Commissioner Genera and 
unanimously approved. The Commissioners directed the staff to notify 
Mr. Gortinsky for the next scheduled screening (October 31st). 



Continued. 






STREET ARTISTS PROGRAM COMMITTEE - October 9, 1991 Minutes Page 5 



B. Sophia Kettle - applied February 7, 1989 and cancelled her sched- 
uled screenings for June 28, August 9, and September 13, 1990*, 
Ms. Kettle's request for priority was received by the Program on 
September 18, 1991« Commissioner Genera moved that Ms. Kettle's 
request for priority screening and certification be approved; the 
motion was seconded by Commissioner Eichelbaum and unanimously 
approved. 

C. Ross Woods, Laisa Woods, David Schrader - applied January 11, 1988 
and cancelled their scheduled screenings for March 26 and April 26, 
1990; their request for priority was received by the Program on 
September 20, 1991. Commissioner Genera moved that the request by 
Ross Woods, Laisa Woods, and David Schrader for priority screening 
and certification be approved; the motion was seconded by Commis- 
sioner Eichelbaum and unanimously approved. 

D. Bridget Lavin - applied April 9, 1991 and did not appear at her 
scheduled screening of September 26, 1991' her request for priority 
was received October 9, 1991* Commissioner Genera moved that Ms. 
Lavin 's request be approved; the motion was seconded by Commissioner 
Eichelbaum and unanimously approved. 

There being no new business, the meeting was adjourned at 5 : 35 p.m. 

Respectfully submitted: 



■a j t & 

Howard Lazar 

Director 

Street Artists Program 



City and County 
of San Francisco 




25 Van Ness Avenue 

Suite 240 

San Francisco. C A 94102 

(415)554-9671 

FAX #621-3868 



MAYOR 
Art Agnos 



STREET ARTISTS PROGRAM COMMITTEE 

1 

Wednesday, November 13 1 1991 

Arts Commission Meeting Room R06U M ^N^ !*"" 

25 Van Ness Avenue 

San Francisco, California 



MINUTES 



N6V 8 1 1W1 
san FRAr;c^ 3 

PUBLIC UBRAF.7 

Commissioners present: Daniel Genera, Stanley Eichelbaum 

Commissioner Genera, Chairman, called the meeting to order at ^:30 p.m. 

I REQUEST BY APPLICANT FOR POSTPONEMENT OF SCREENING 



COMMISSIONERS 

Barbara Sklar 
President 

Nancy Boas 
vice President 

Vernon Alley 

Stanley Eichelbaum 

Daniel Genera 

Anne Healy 

John Kriken 

Robert F. LaRocca 

Genny Lim 

Amalla Mesa-Bains. Ph.D. 

Rai Y. Okamoto 

Dodle Rosekrans 



A. Marie-Noelle Le Pennec-Cash - request for postponement to 

January, 1992. Commissioner Genera moved that the request for 
postponement be approved; the motion was seconded by Commissioner 
Eichelbaum and unanimously approved. 

II REQUEST BY APPLICANT FOR PRIORITY SCREENING/ISSUANCE OF CERTIFICATE 

A. Frank Foster - applied August 4, I989 ; did not appear at scheduled 
screenings of November 8, 1990, and February l*t, 1991; request 
for priority screening was received by Program on October 28, 1991* 
Commissioner Genera moved that the request be approved; the motion 
was seconded by Commissioner Eichelbaum and unanimously approved. 



EX OFFICIO MEMBERS 

Presidents of the 
Fine Arts Museum 
Library Commission, 
Planning Commission, 
Recreation and Park 
Commission 



DIRECTOR OF 
CULTURAL AFFAIRS 
Joanne Chow Winship 



PROGRAMS 

*>rts Festivals 

3Mc Art Collection 

3ivlc Design Review 

Neighborhood Arts 

'OPS Symphony Concerts 

public Art Program 

Street Artists Licenses 



Suite 430 

State-Local Partnership 

1 15-554-9677 

MHouse 

115-554-9679 



Vrts Commission Gallery 
55 Grove Street 
115-554-9682 



III 



B. Mark Wolfe - applied November 29, 1990; did not appear at sched- 
uled screening of February 19, 1991; request for priority 
screening was received by Program on November 12, 1991- Commis- 
sioner Genera moved that the request be approved; the motion was 
seconded by Commissioner Eichelbaum and unanimously approved. 

C. John Hulton - applied June 16 , 1989i moved his residence and 

did not receive his notification of screening; request for priority 
was received by Program on November 6, 1991* Commissioner Genera 
moved that the request be approved; the motion was seconded by 
Commissioner Eichelbaum and unanimously approved. 

REQUESTS BY FORMER CERTIFIFICATE-HOLDERS FOR PRIORITY IN ISSUANCE 
OF CERTIFICATE 

A. John Richardson - Certificate # 3575 expired July 27, 1991; his 
request for priority was received by Program on November 5i 1991 • 
Commissioner Genera moved that the request be approved; the 
motion was seconded by Commissioner Eichelbaum and unanimously 
approved. 

B. Hubert Ortis - Certificate # ^932 expired September 11, 1991; 




Continued, 



STREET ARTISTS PROGRAM COMMITTEE - November 13, 1991 Minutes 



Page 2 



his request for priority was received by the Program on November 12, 
1991* Commissioner Genera moved that the request be approved; the 
motion was seconded by Commissioner Eichelbaum and unanimously 
approved. 

IV STAFF REPORT ON PLANS FOR 20TH ANNIVERSARY OF STREET ARTISTS PROGRAM 

Program Director Lazar requested Art Inspector Barbara Noakes to give 
a report on her research of costs relative to various plans for next 
year's anniversary. The Commissioners heard the report which included 
the following: (a) costs of umbrellas and pennants bearing the Commis- 
sion's logo; (b) the cost ($300) of, and nature of, the wall map for 
the airport exhibition of the Program; (c) printing costs of fliers 
announcing the anniversary and celebration; (d) costs of fifteen large 
photo-prints and accompanying text for the airport exhibit; (e) the 
approximate total cost of the airport exhibit for the Program, $500 
($300 for wall map and $200 - $250 for fifteen photoprints); the airport 
to cover the costs of additional design work, preparation of the exhibit, 
materials, installation, and insurance; and (f) the cost of fliers to 
be handed out by the street artists to their customers ($3^ - $688). 

Inspector Noakes went on to say that the airport exhibit was planned 
for the North Terminal Cultural Gallery wall which is exposed to 8,000 
travelers a day or to 960,000 travelers for the four-month display 
period. In addition, the fifteen color photo-prints would be approx- 
imately 20" x 2.k u each in airport security frames, with substantial 
texts adjacent to the photos. There will also be a large title with 
dates and Arts Commission logo identifying twenty years of municipal 
sponsorship of the Street Artists Program. The wall map will specify 
the major locations of the street artists. 

Commissioner Eichelbaum suggested that the staff approach various 
restaurants who have umbrellas and find out their costs and outlets. 

Commissioner Genera asked Program Director Lazar to schedule a meeting 
of the Street Artists Program Committee and the Civic Design Committee 
to discuss the design an usage of umbrellas for the street artists. 



V NEW BUSINESS 

Commissioner Genera reported that he went back to the Harvest Festival 
for a second time to see the special street artist selling area and 
the Festival itself, and that the Festival was "jammed" with people. 
Program Director Lazar reported that he had heard a radio commentator 
complimenting the Festival and especially the crafts of the street artists 
and the design of their selling area. The Commissioners noted that the 
present month was a fulfilled one: ten street artists had received awards 
from the Harvest Festival for the quality of their work; the Mayor had 
given the Commission a certificate proclaiming Street Artists Day in 
San Francisco (November 1, 1991); and plans were underway for a major 
exhibit of the Program at the airport. 



The meeting adjourned at 5 : 35 p.m. 



Respectfully submitted: 
Howard 



Lazar* ' 
Director, Street 



Artists Pro j 



/ and County 
Jan Francisco 




Van Ness Avenue 

to 240 

1 Francisco. CA 94102 

5)554-9671 

<# 621-3868 




STREET ARTISTS PROGRAM COMMITTEE 

^ January 8, 1992 
Arts Commission Conference Room 
25 Van Ness Avenue 
San Francisco, California 




I N U T E S 



B©CUMENTS D£PT 

JAW 8 9 1W2 

SAN FRANCISCO 
PUBLIC » »nRARV 



Commissioners present: Daniel Genera, Stanley Eichelbaum 

DGRAMS 

^cArtCoiiection Commissioner Genera, Chairman, called the meeting to order at k:kO p.m. 

fie Design Review 

immunity Arts & Education 

PS Symphony Concerts i HEARINGS ON ALLEGED VIOLATIONS OF STREET ARTIST ORDINANCE 

Dlic Art Program 



re 430 

9et Artists Licenses 

>-554-9677 

House 

>-554-9679 



s Commission Gallery 
i Grove Street 
1-554-9682 






A. Fernando Hechavarria - Certificate # 30^5* Alleged violations: 
(1) display of items not of the artist's own creation; (2) as- 
sault; (3) attempted assault; (k) obstruction of duty of Arts 
Commission staffperson; (5) improper conduct of business. 

Mr. Hechavarria was present. The Chairman asked Program Director 
Lazar to present the case. Mr. Lazar stated that, as background 
information to the present charges, the Arts Commission in I987 
suspended Mr. Hechavarria' s certificate for two months after 
finding that he had sold items not of his own creation; according 
to the Commission's standard penalties, if a street artist is 
found in violation for selling items not of his own creation 
(within three years after the first violation), the artist's 
certificate may be subject to revocation. Also in 1987, in its 
consideration of a charge against Mr. Hechavarria of attempted 
assault, the Commission refrained from revoking his certificate 
and warned him, verbally and in writing, "that any future act 
of physical violence initiated by Mr. Hechavarria (with the 
exception of his self-defense against physical attack) would be 
considered as cause for revocation." 

In reference to the current charges against Mr. Hechavarria, Mr. 
Lazar submitted as evidence the following: (l) photographs taken 
by Street Art Inspector Barbara Noakes on November 22, 24, 25 and 
27, 1991 1 showing jewelry items which Mr. Hechavarria allegedly 
did not make; (2) a letter, received by the Program on September 
25, 1991* from Ken Hassinan, employee of Kuchina Gallery at The 
Cannery, describing his allegedly being assaulted by Mr. Hecha- 
varria on July 13, 1991 (Mr. Lazar stated that yesterday he 
spoke with Mr. Hassinan who told him he was studying for teach- 
ing examinations and would be unable to come to the hearing); (3) anc j 
(k) a letter and tape-recorded testimony on December 10, 1991 
of Sandra Prater who allegedly stopped Mr. Hechavarria *s alleged 
attempted assault of Inspector Noakes on December 7i 1991 (Mr. 






Continued. 



STREET ARTISTS PROGRAM COMMITTEE - January 8, 1992 Minutes Page 2 



Lazar stated that this afternoon Ms. Prater telephoned the office 
and said that her father had passed away and that she would be 
unable to attend the hearing); in addition, there was a copy of 
the Police Incident Report of the alleged incident written by Officer 
James Custer who was present, as well as the report written by 
Inspector Noakes who was also present and would testify as to Mr. 
Hechavarria's alleged obstruction of the Inspector's duty and his 
alleged attempt to assault her; (5) a September 18, 1991 letter from 
street artist Paul Smith (who was not present) stating that Mr. 
Hechavarria had been intoxicated and had verbally abused him on 
September 17, 1991, supporting the Program's charge against Mr. Hecha- 
varria of improper conduct of business. 

Mr. Lazar emphasized that two of the charges merited consideration of 
revocation: the charge of selling items not of the artist's own 
creation, and the charge of attempted assault on a staffperson, 
constituting an "act of violence" for which the Arts Commission had 
warned Mr. Hechavarria in 1987- 

Commissioner Genera questioned Mr. Hechavarria on each of the charges. 
Mr. Hechavarria responded that (l) everything on his display table 
he makes; (2) he did not hit the shop employee; (3) the Art Inspector 
bothered him "too much," she does not "like dark people" and told him 
that he did not belong on Stockton Street but belonged in the Mission 
District; and (k) he did not verbally abuse artist Paul Smith. 

In reference to the first charge, Mr. Lazar pointed out in the photos 
earrings and metal neck collars which, he said, were the same items 
for which the Arts Commission had found Mr. Hechavarria in violation 
in 1987. Inspector Noakes pointed to the photos of rings on Mr. 
Hechavarria's table which, she said, were similar to samples of wholesale 
rings submitted to the office by another artist. In addition, the 
Inspector testified that that the oval turquoise rings on Mr. Hecha- 
varria's display (as pictured in two photos) were stamped on their 
inside with the words "made in Mexico." This was supported by street 
artist Merlin Willis who told the Committee that he had seen on Mr. 
Hechavarria's display a ring that was stamped "made in Mexico." 

In reference to the second charge (assault of shop employee), Mr. 
Lazar stated that the assault incident was recorded in Inspector 
Noakes' interview of July 31, 1991 with Mr. Hassinan and was also 
described in Mr. Hassinan's September 25, 1991 letter: " ...'Fernando 
... kept running in circles as if out of control ... Then he punched 
me in the jaw. ... A couple of days later my boss went & spoke to 
him and Fernando came in and apologized & said he'd been drinking. 
...' " Mr. Lazar maintained that the letter refuted Mr. Hechavarria's 
statement to the Committee that he did not hit Mr. Hassinan, and that 
the letter also supported the Program's charge of improper conduct 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - January 8, 1992 Minutes Page 3 



of business (intoxication) by stating that Mr. Hechavarria, in his 
apology, admitted to having been drinking. 

In reference to the third and fourth charges (attempted assault, obstruction 

of duty), Mr. Lazar stated that Officer James Custer, who filled 

out a report made by Inspector Noakes on the alleged incident, 

talked to Mr. Hechavarria who told him, " 'Nothing happened.' ... 

I asked Hechavarria for some identification and he produced a California 

I.D. At this point Hechavarria fell to the ground & went into seizures 

..." Mr. Lazar pointed out that in Mr. Hechavarria 's 1987 hearing 

with the Arts Commission, Mr. Hechavarria's attorney had defended her 

client's alleged attempted assault on another artist by saying that 

it had been due to her client's epileptic condition which he had gone 

into prior to exhibiting aggressive behavior. In the recent alleged 

incident, however, what was crucial was that the Commissioners 

realize that Mr. Hechavarria did not go into a seizure prior to 

chasing the Art Inspector and grabbing her (according to the taped 

testimony of Sandra Prater); the seizure happened some time after 

the incident and in front of the Police officer who was talking to 

him. 

In reference to the fifth charge (improper conduct of business; 
verbally abusing a street artist), it was ascertained that street artist 
Paul Smith, who had written the complaint, was not present; accordingly, 
Mr. Lazar stated that he wished to withdraw the charge due to a lack 
of preponderance of evidence. 

Officer James Custer testified that he was the officer who filled out 
the December 7i 1991 report on the alleged attempted assault of the 
Art Inspector, and that a year before, on December 8, 1990i he cited 
Mr. Hechavarria for drinking brandy while selling merchandise. He 
added that "every time I dealt with him, he went into seizures, and 
prior to going into seizures he has a very explosive temper, uncontrol- 
lable temper, that can turn into violence, the way I see it." Officer 
Custer explained that the last time he cited him, Mr. Hechavarria 
refused to sign his citation, whereupon Officer Custer told him that 
if he didn't sign it, he would go to jail. At that point, he signed 
it, "then exploded and started yelling something and started to have 
his seizure." 

Street artist John Bass testified that he witnessed the December 8, 
1990 incident described by Officer Custer and "it was as he described." 
Mr. Bass further stated that earlier that day he was set up next to 
Mr. Hechavarria, and Mr. Hechavarria "threatened a street artist 
physically with violence" by coming up to her with an iron mandril 
in his hand, "threatening to do something to her," and Bass stopped 
him by coming between them. Mr. Bass also described the incident 
of 1986 in which Mr. Hechavarria was stopped by Art Inspector Brown 
from striking Bass with a heavy-link chain - the incident which led 
to the hearings and decision of the Arts Commission in 1987- Mr. 
Bass asked the Commissioners to consider the present charges 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - January 8, 1992 Minutes Page k 



seriously because "we need enforcement, we need regulation for 
this Program to exist. ... If this kind of behavior described 
here defines ... the public image of our Program, then our Program 
is not going to last very much longer. ... It's not just the erratic 
actions of the individual. It's something that threatens the live- 
lihood of every other street artist. ... Assaults on a frail, 
middle-aged woman should in themselves be grounds enough for the 
most serious kind of penalty." 

Commissioner Genera stated that he felt that anything that threatens 
or damages the image of the Street Artists Program as a whole should 
be dealt with. He went on to say that, in many hearings, his 
Committee has been lenient by giving warnings to violators and by 
not suspending or revoking their certificates. In the present case, 
however, even if he were not to consider what the Commissioners 
"said the last time" Mr. Hechavarria "came before them in '87," 
there was now an officer's report, as well as two reports from 
street artists, which warranted revocation. To Mr. Hechavarria, 
the Commissioner stated: "I don't see how we could continue allow- 
ing you to have your license when there are a lot of things here 
that I feel are serious. One: assaults. Assault on a vendor ... 
Also, I feel it's a serious offense to be selling and working 
under the influence. And we do have a letter from the store" 
employee "saying that he was physically assaulted." 



RECOMMENDA- Commissioner Genera moved that it be recommended that Mr. Hechavarria 
TION be found in violation of the street artist ordinance and that his 

__ ■ ■ — - - ; certificate be revoked; the motion was seconded by Commissioner 

Eichelbaum and unanimously approved. 

Commissioner Genera told Mr. Hechavarria that should he wish to 
re-apply for a certificate at a later time, the Commissioner would 
recommend that the Commission re-evaluate his history with the 
Street Artists Program and other programs that he may have been 
involved with. 

B. Mario and Helga Werner - Certificates # 3907 and 3910. Alleged 
violations: (l) display of items not of the artists' own creation; 
(2) display of items not certified by the Arts Commission; (3) 
selling in locations not designated by Board of Supervisors. 

Mr. Werner and Ms. Werner were not present. As the Arts Commission's 
hearing procedure allows for a hearing to proceed in the absence of 
a duly notified defendant, the Chairman asked Program Director Lazar 
to present the case. Mr. Lazar listed the charges and stated that 
the items which the Werners were charged with having displayed 
were wristwatches and bolo ties not of their own creation and not 
certified by the Arts Commission. For the third charge, selling 
in a location not designated by the Board of Supervisors, there 
were three dates on which the Werners were observed allegedly corn- 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - January 8, 1992 Minutes Page 5 



mitting this violation: October 19, 2.k and 26, 1991* In addition, 
Art Inspector Noakes observed them in an illegal location (the 
white zone fronting The Cannery on Jefferson Street) on the weekend 
prior to this hearing. Mr. Lazar submitted photos of the Werners 
and their display, taken by the Art Inspector on October 19th, and 
a copy of a Police Incident Report written on October 2^th by Officer 
Kirk Brookbush who cited Mario Werner for selling merchandise 
(watches) without a permit and for selling in an illegal location 
(corner of Sutter and Montgomery Streets). 

Commissioner Genera identified Mario Werner in the photos and stated 
that on one occasion he saw Werner set up downtown, saw his street 
artist certificate on his display, and asked him if he made the 
watches, and Werner replied that he had not. The Commissioner went 
on to say that during the last Christmas season Werner was set up 
selling every afternoon in front of the building in which the Com- 
missioner worked. 

Officer Kirk Brookbush testified that he was the officer who wrote 
the Incident Report submitted to the Committee. He stated that on 
October 24th, at the corner of Sutter and Montgomery Streets, he 
observed Mr. Werner set up with a portable stand and in the process 
of selling a watch to a woman: he handed her the watch, she handed 
him currency, and she walked away without receiving a receipt. Mr. 
Werner sighted Officer Brookbush, tried to flee, was taken into 
custody, and his cash, his Arts Commission certificate, and his 
merchandise - 1^1 "counterfeit" watches - were confiscated. (Officer 
Brookbush clarified that "counterfeit" meant that the watch's workings 
were Timex while its body was Gucci, Rolex, and other brands.) 
All the items were booked at Central Station as evidence, and Mr. 
Werner was issued a citation and released. Officer Brookbush sent 
a copy of the citation and the Incident Report to the Street Artists 
Program. 



RECOMMENDA- Commissioner Eichelbaum moved that it be recommended that Mario 
TION Werner and Helga Werner be found in violation of the street artist 
— — ordinance and that their certificates be revoked; the motion was 
seconded by Commissioner Genera and unanimously approved. 

II REQUESTS BY FORMER CERTIFICATE-HOLDERS FOR PRIORITY IN ISSUANCE OF 
CERTIFICATE 

A. Emmanuel Cometa - Certificate #3899 expired April k, 1991; Mr. Cometa's 
request for priority was received by the Program on December 19, 1991. 
Commissioner Genera moved that Mr. Cometa's request for priority be 
disapproved; the motion was seconded by Commissioner Eichelbaum and 
unanimously approved. Commissioner Genera asked that the Program send 
Mr. Cometa an application for a certificate. 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - January 8, 1992 Minutes Page 6 



B. Joseph Williams - Certificate # 3020 expired November 27, 1991; 
Mr. Williams' request for priority was received by the Program on 
January 7, 1992. Commissioner Genera moved that Mr. Williams' 
request for priority be approved; the motion was seconded by Com- 
missioner Eichelbaum and unanimously approved. 

Ill NEW BUSINESS 

A. Shopping carts used as street artist displays. Program Director 
Lazar said that his staff had observed one street artist who was 
selling his items off a Safeway shopping cart which, for all 
appearances, might be considered stolen property. In addition, 
Mr. Lazar felt that the sight of a shopping cart used as a street 
artist display gave the Program a poor image, did not enhance the 
purpose of the Program nor the Program's achievement of twenty years' 
existence. He asked that the Program Committee, in the near future, 
issue a statement dealing with "propriety of displays." 

Commissioner Eichelbaum responded that, notwithstanding the issue of 
stolen property, there was not really anything that the Arts Com- 
mission could say about the style or type of equipment which the 
artists may use for their displays, so long as the displays were 
not oversized or reflected poorly on the Program, as a display look- 
ing like stolen property. He added that he had seen many street 
artist displays of various kinds that were highly imaginative. 

Mr. Lazar stated that the City Attorney clarified that the Arts 
Commission has the authority to suspend or revoke a street artist 
certificate if the artist's business is conducted in a disorderly, 
improper or hazardous manner. If the Commission, he said, would 
issue a statement that a street artist display may not be of a 
disorderly, improper or hazardous manner, a message would be sent 
that the Commission was looking for displays of quality. 

Discussion ensued about artists' displays of various countries of 
Europe, from uniform displays in Munich to displays of varying 
materials in Florence. Street artist John Bass said that the image 
of a shopping cart for a display looked "tacky" and presented the 
appearance of having been stolen. 

B. Larry Rosenbloom letter. Street artist Larry Rosenbloom read a 
letter of grievance he wrote about the budget and management of 
the Street Artists Program. He asked that it be considered as 
part of the agenda of the next meeting. Program Director Lazar 
addressed each of the complaints made by Mr. Rosenbloom, and said 
he would be submitting his budget for 1992-93 to the Program Com- 
mittee for next month. 

Commissioner Eichelbaum said that the next meeting should review 
the issues raised by Mr. Rosenbloom, consider the budget for next 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - January 8, 1992 Minutes Page 7 



year, and embark on a review of the Program, as requested by Arts 
Commission President Barbara Sklar. Commissioner Genera said 
that the entire meeting for next month would be devoted to the 
budget; he invited the artists to attend. 

C. Review of lottery system for street artist spaces. Street artist 
Denise Ward criticized the present lottery procedure whereby the 
artists "like ragpickers" have chosen to draw their lottery slips 
out of "a garbage can" to see "whether they're going to work that 
day or not." She asked that procedural issues, as the lottery 
system, be considered for next month's meeting. Commissioner 
Genera responded that, a year ago, a proposal was raised before 
his Committee for a different lottery system which made sense to 
him and received his endorsement; however, the majority of the 
artists did not want it and succeeded in having it tabled. The 
Commissioner said that "there is a large group within the street 
artists who really don't want any drastic change," while there 
were others, he felt, who were willing to try change. 

D. Civic Design Committee/Street Artists Program Committee joint 
meeting on logo-umbrellas. Commissioner Genera announced that on 
Monday, January 13th the Civic Design Committee and the Street 
Artists Program Committee will hold a joint meeting, as part of 
the Civic Design Committee agenda, to consider logo-umbrellas, 
banners, or other format to promote the street artists. Mr. Lazar 
will be presenting cost estimates for such items. The Commissioner 
added that the Program was continuing its work for the spring-summer 
airport exhibit as part of the Program's twentieth anniversary. 

There being no further business, the meeting adjourned at 6:00 p.m. 

Respectfully submitted: 

Howard Lazar ' 

Director 

Street Artists Program 



City and County 
of San Francisco 




STREET ARTISTS PROGRAM COMMITTEE 



"^ February 12, 1992 
Arts Commission Conference Room, Suite 70 

2 5 Van Ness Avenue DOCUWJ^NTS 



25 Van Ness Avenue 

Suite 240 

San Francisco. C A 94102 

(415)554-9671 

FAX #621-3868 

SAN FRANCISCO 

Commissioners present: Daniel Genera, Stanley Eichelba-ujjv^i j£ « >nRABV 



San Francisco, California 
MINUTES 



1 1 W2 



^ Commissioner Genera, Chairman, called the meeting to order at 4:40. 



fej 



Attending the meeting were the Director of Cultural Affairs Joanne 
Chow Winship and street artists Robert Clark, William Clark, Enrique 
Mendoza, Laurie Price, Denise Ward, and Brenda Weiss. 

I REQUESTS BY FORMER CERTIFICATEHOLDERS FOR PRIORITY IN ISSUANCE OF 
CERTIFICATE 






A. Joseph Beckman - Certificate # 3607 expired January 12, 1992; 

Mr. Beckman ' s request for priority was received by the 
Program on February 6, 1992. Commissioner Genera moved that 
Mr. Beckman' s request for priority be approved; the motion 
was seconded by Commissioner Eichelbaum and unanimously 
approved. 

B. Vicky Carp - Certificate # 2122 expired October 28, 1991; Ms. 

Carp's request for priority was received by the Program on 
February 7, 1992. Commissioner Genera moved that Ms. Carp's 
request for priority be approved; the motion was seconded by 
Commissioner Eichelbaum and unanimously approved. 

II REQUEST BY APPLICANT FOR POSTPONEMENT OF SCREENING 

A. Glynis Livimgstone - request for postponement of screening to 
May, 1993. Commissioner Genera moved that Ms. Livingstone's 
request for postponement be approved; the motion was seconded 
by Commissioner Eichelbaum and unanimously approved. 

III REQUEST FOR FUTURE CONSIDERATION OF PRIORITY CERTIFICATE 

A. Horatio Tubio - Certificate # 2196 expired January 27, 1992. 
Mr. Tubio wrote to the Program on January 2, 1992 that he 
would not be able to renew his certificate due to the recent 
death of his father which required Mr. Tubio ' s "presence in 
Argentina to help solve family problems" for the next six 
months. Upon his return to San Francisco, Mr. Tubio wrote, 
he would request a hearing with the Arts Commission for 
consideration of receiving priority in the issuance of a new 
certificate. Commissioner Genera moved that, upon Mr. 
Tubio ' s notification of his return, a hearing be held to 




STREET ARTISTS PROGRAM COMMITTEE - February 12, 1992 Minutes Page 2 



consider granting priority issuance of a certificate to Mr. 
Tubio; the motion was seconded by Commissioner Eichelbaum and 
unanimously approved. 

IV STREET ARTISTS PROGRAM BUDGET 1992 - 93 

Program Director Lazar presented the budget for the next fiscal 
year. He said it was similar to the budget of the current year, 
the primary difference being the deletion of the Street Art 
Inspector's position and fringe benefits. The Inspector's 
position was terminated the previous month in order to balance 
the current year's budget. The position was not written in the 
next year's budget so that the budget would be balanced with the 
maintenance of the present street artist fee of $350 a year or 
$87.50 a quarter. In addition to the deletion of the position, 
the cost of $2,400 for printing the Program's handbook was 
deleted. The deletions amounted to a total savings for the 
Program of $50,414. 

Mr. Lazar went on to say that if salary standardization were to 
be approved, the total Program budget would be $121,000; without 
salary standardization, the budget would be $111,220 - as 
compared with the present year's budget of $161,680. 

For funding the budget, Mr. Lazar stated that, while the $121,000 
budget required only 346 artists paying the annual fee of $350, 
experience from the current year's fee revenue showed that it is 
necessary to have approximately 470 - 480 artists in the Program 
to yield the necessary 346. This is due to the fact that many 
artists, especially newcomers to the Program, do not pay fees for 
more than one or two quarters. While several artists during the 
past Christmas season protested to the Arts Commissionto lower 
the number of artists and would probably be pleased to see the 
number drop to 346, it was, nevertheless, necessary to maintain 
470 - 480 in order to balance next year's budget. 

Mr. Lazar noted that if all artists had to purchase their 
certificate on an annual basis only, rather than have the option 
of purchasing their certificate for a quarter, it would not be 
necessary to have more than 346 artists in the Program. However, 
in order to do so, the Arts Commission would have to go to the 
ballot to rescind the quarterly option. The adviseabili ty of 
placing a street artist measure before the voters would have to 
be considered by the artists and the Arts Commission. 

In the meantime, in order to balance the current year's budget, 
it was vital to maintain 470 - 480 artists in the Program. The 
same number would be necessary to support next year's budget with 






STREET ARTISTS PROGRAM COMMITTEE - February 12, 1992 Minutes Page 3 



salary standardization. Without salary standardization, it would 
benecessary to have 317 artists paying a full year's fee. Since 
a margin of 134 artists was necessary to yield 346 to support the 
first-case budget, the same margin, over 317, would be necessary 
to support the second-case budget. 

Director of Cultural Affairs Joanne Chow Winship clarified that 
because the Arts Commission was charged with administering the 
street artist licensing, this duty is adminstered by employees of 
the City and County, for whom the Arts Commission has no choice 
as to whether salaries are increased or decreased; the figures 
reported by Mr. Lazar were given to the Commission by Civil 
Service. In order to administer the Program, the license fees 
have to pay for the administration. 

Street artist William Clark pointed out that the current 
mid-year's revenue of $65,000 reflected an insufficient quantity 
of revenue due to some 130 street artists who chose to pay for 
their certificates for a year under the old fee of $230 just 
before the new fee was enacted; and that for next year all street 
artists would be paying the current rate, which would yield 
revenue much higher than Mr. Lazar 's projected $125 - 130,000. 
Mr. Clark further stated that, for next year, should the Program 
maintain 480 artists starting from July 1st, artists dropping out 
should be replaced by newcomers, and there would be an estimated 
surplus revenue of some $50,000 over the $111,000 budget. With 
this surplus, the fee rate could eventually be reduced to $60 a 
quarter. Mr. Clark added that one of the reasons why so many 
people have been dropping out of the Program is because the fee 
is so high. With the fee reduced to $60 a quarter, less people 
would drop out, and the $111,000 budget would be supported. 

Commissioner Eichelbaum stated that another reason for the high 
dropout rate was poor business at the present time. However, he 
felt Mr. Clark's suggestion was worth investigating. 

Commissioner Genera cautioned against dropping the fee at this 
time because there were too many people leaving the Program. He 
had heard from many artists that the Inspector's position was a 
factor in helping many artists decide to leave. Now that the 
position has been eliminated, it would be adviseable to study the 
attrition rate over the next few months, rather than elect to 
lower the fee at this time. 

Director of Cultural Affairs Winship stated that while it may be 
true that a lowering of the fee might keep many people from 
dropping out, it would also increase the administrative screening 
work - Mr. Lazar has to administer this duty and also inspect the 



STREET ARTISTS PROGRAM COMMITTEE - February 12, 1992 Minutes Page 4 



artists' wares on the streets; if there is more income, there is 
more work load. 

Street artist Enrique Mendoza said that, at some point, there 
would again have to be a full-time inspector on the streets. 

Street artist Brenda Weiss stated that one of the reasons for the 
high attrition rate is that the number of viable selling spaces 
has been reduced over the years. No new temporary spaces were 
given to the artists for the last Chritsmas season. 

Commissioner Eichelbaum stated that if the revenue were to yield 
a surplus, then at that time - July - the Committee could 
consider lowering the fee. The Commissioner stated that last 
year he personally was against raising the fee. 

Director of Cultural Affairs Winship pointed out that the 
Controller had advised the Program to keep in reserve, if 
possible, enough money to cover an extra month's operational 
costs . 

The Committee noted that not one of the 100 artists who had 
signed a petition last year to raise the fee higher than that 
which was proposed, in order to allow for a decrease in the 
number of artists, was present. It was further noted that not 
one of the artists who had telephoned the Director of Cultural 
Affairs or had written to the Commissioners in protest against 
Mr. Lazar's actions to maintain 480 - 500 artists during the last 
Christmas season, and who had asked that the number of artists be 
reduced, was present. 

Street artist William Clark stated that many of the artists who 
had criticized Mr. Lazar for maintaining the number of artists 
had paid for the year under the old fee rate; if the 
Commissioners were to abide by their wishes and further lower the 
number of artists, the fee would be higher than it is. Mr. Clark 
asked that the Program Committee assess the fee in June to see if 
it could be reduced. 

Commissioner Genera moved that the Street Artists Program budget 
for 1992-93 as presented by the Program Director be submitted for 
approval, maintaining the present certificate fee ($350 a year or 
$87.50 a quarter), with a review in June, 1992, to assess whether 
there would be a surplus of fee revenue to warrant a reduction of 
the fee; the motion was seconded by Commissioner Eichelbaum and 
unanimously approved. 

Street artist Brenda Weiss stated that she did not see the need 
for an artist to receive two certificates, and that the cost of 
printing could be reduced. Street artist Denise Ward added that 
there would also be a significant savings in plastic lamination 
if the artists were to receive only one certificate. Mr. Lazar 






STREET ARTISTS PROGRAM COMMITTEE - February 12, 1992 Minutes Page 5 



clarified that ten years ago the Arts Commission, at the request 
of the artists, had adopted a policy to enable each artist to 
carry a certificate and have another certificate posted on his 
display at all times. If the Commission wished to reduce this 
cost, it would have to rescind its policy. 

Commissioner Genera moved that the Arts Commission's policy of 
issuing two certificates to each artist be rescinded; the motion 
was seconded by Commissioner Eichelbaum and unanimously approved. 

V REVIEW/DISCUSSION OF ISSUES, GOALS, PROCEDURES OF STREET ARTISTS 
PROGRAM 

Street artist Brenda Weiss requested that the Commission make 
effort in obtaining additional viable selling spaces. She asked 
also that many of the temporary Christmas spaces - especially 
those by Chevron on Market Stree- be made into year-round 
spaces. Mr. Lazar stated that he wanted to submit proposals from 
street artists for spaces at the next Program Committee meeting. 

Commissioner Genera stated that with any Commission request for 
spaces, there will inevitably be the merchants' question as to 
why the artists do not improve the appearance of their displays. 
Commissioner Eichelbaum reported that at the last joint meeting 
of the Civic Design Committee and Street Artists Program 
Committee there was discussion on the possible usage of umbrellas 
and other furniture with a street artist logo which would easily 
identify the artists. What had been decided was that it be 
recommended that the artists be provided with a choice of using 
the following logo-bearing items: an umbrella; a banner; a skirt 
to attach to the display. 

Street artist Robert Clark said that for a logo he would submit 
to the Program Committee the original artwork which was used for 
the 1974 street artist campaign buttons and was donated by a 
commercial artist. Mr. Clark added that if the City wanted to 
help the artists, it should do what it has never done before: 
advertise the Program in brochures, etc. 

Director of Cultural Affairs Winship responded that at the 
Commission's recent staff meeting there was discussion on 
publishing a comprehensive brochure on the Commission and its 
programs. A street artist logo, as that of any other Commission 
program, should be coordinated with the Commission so that it is 
easily identifiable as belonging to the Commission. 

Commissioner Eichelbaum stated that the upcoming photo exhibit of 
the Street Artists Program at the airport would greatly help in 
promoting the Program. 



STREET ARTISTS PROGRAM COMMITTEE - February 12, 1992 Minutes Page 6 



Mr. Lazar stated that in addition to color blowups of extreme 
close-up shots of street art, there will be a map identifying the 
major street artist locations. The exhibit will be seen by 8,000 
travellers a day from May through August of this year. 

Street artist Brenda Weiss asked the Program Director to see if 
the Program could become a member of the San Francisco Convention 
& Visitors Bureau in order to be listed in the Bureau's brochures. 
Mr. Lazar said he would call the Bureau. 

There being no new business, the meeting adjourned at 6:00 p.m. 

Respectfully submitted: 

Howard Lazar 1 

Director 

Street Artists Program 




City and County 
of San Francisco 







25 Van Ness Avenue 

Suite 240 

San Francisco. CA 94102 

(415)554-9671 

FAX #621-3868 



/STREET ARTISTS PROGRAM COMMITTEE 

NMarch 11, 1992 
Arts Commission Conference Room 
// Suite 70 

25 Van Ness Avenue 
.San Francisco, California 



APR 1 1991 

SAN FRANCISCO 
PUBLIC LIBRARY 



M 



N U 



Commissioners present: Daniel Genera, Stanley Eichelbaum. 



PROGRAMS 
Arts Festivals 

civic Desi^n ll Rev^ )mnilss i oner Genera, Chairman, called the meeting to order at 

Community Arts ajEUifc&tiop . m . 
POPS Symphony Concerts 
Public Art Program 

I RECOMMENDATION FROM PROGRAM DIRECTOR TO REQUEST BOARD OF 
SUPERVISORS TO REVIEW AND RE-DESIGNATE TWO SELLING 
SPACES ON BEACH STREET, NORTHWEST CORNER, AT HYDE STREET 



Suite 430 

Street Artists Licenses 

415-554-9677 

ArtHouse 

415-554-9679 



Arts Commission Gallery 
155 Grove Street 
415-554-9682 



Program Director Lazar informed the Committee that the two 
new spaces on Beach Street, at Hyde Street, obtained by the 
Arts Commission for the street artists last October were 
designated by the Board of Supervisors subject to review by 
the Board every six months, beginning in May, 1992, and 
ending in May, 1993. In keeping with this provision of the 
resolution, Mr. Lazar asked that the Arts Commission vote 
to request the Board to schedule their revue in May, 1992. 
Commissioner Genera moved that the Arts Commission request 
the Board of Supervisors to review in May, 1992 and 
re-designate for another six months the two street artist 
selling spaces on Beach Street, northwest corner, at Hyde 
Street, as per Board of Supervisors Resolution No. 940-91; 
the motion was seconded by Commissioner Eichelbaum and 
unanimously approved. 



II REQUEST BY APPLICANT FOR WAIVER OF TIME-LIMIT POLICY ON IS- 
SUANCE OF CERTIFICATE 

A. Edgardo Cometa - Mr. Cometa's wares were screened and 
approved for certification on December 19, 1991. Program 
Director Lazar stated that today the Program office 
received a telephone call from Mr. Cometa, informing the 
office that he had exceeded the ten-day policy allowed him 
for paying for his certificate; he had not been able to pay 
for it until now, and he was requesting permission to do 
so. Commissioner Eichelbaum stated that if Mr. Cometa were 
to re-apply and wait another three months for a screening, 
it would be unreasonable; furthermore, since the fee had 
risen considerably, an exception to the waiver should be 
made in this case. A further consideration, he said, was 
the shape of the economy. Commissioner Eichelbaum moved 
that the time-limit policy on issuance of certificate be 




STREET ARTISTS PROGRAM COMMITTEE - March 11, 1992 Minutes Page 2 

waived and that Mr. Cometa be permitted to purchase a 
certificate; the motion was seconded by Commissioner Genera 
and unanimously approved. 

III REQUEST BY FORMER CERTIFICATE-HOLDER FOR PRIORITY IN IS- 

SUANCE OF CERTIFICATE 

A. Hugh (Gene) Simpson - Certificate #3852 expired February 
8, 1992; his request for priority issuance was received by 
the Program on March 6, 1992. Commissioner Genera moved 
that Mr. Simpson's request be approved; the motion was 
seconded by Commissioner Eichelbaum and unanimously 
approved. 

IV RECOMMENDATION FROM ADVISORY COMMITTEE OF STREET ARTISTS AND 

CRAFTSMEN EXAMINERS: AMENDMENTS TO "BEAD STRINGING" ARTS 
AND CRAFTS CRITERIA 

Street artist Edward Steneck requested postponement of the 
item to the following month, as the majority of artists 
(those who make beadcraft) who would be affected by the 
proposed amendments were not aware of today's hearing. While 
notice was sent to the members of both the Street Artists 
Liaison and Lottery Committees, notice of the hearing had 
not been shared by these people with the bead stringers. 

Mr. Mathew Porkola, Chairman of the Advisory Committee of 
Street Artists and Craftsmen Examiners, told the 
Commissioners that his Committee was not, in the proposed 
amendments, attempting to change the criteria but was 
clarifying the criteria. First, the Advisory Committee had, 
for the past ten years, screened beaded earrings under the 
criteria that specified a numerical minimum of three 
components (beads), whereas the published criteria stated, 
in error, two components: "two" needed to be changed to 
"three." Second, the present criteria specified that "beads 
... when strung by the craf tsperson, ... must be different" 
in design "from the original purchased design," whereas many 
bead stringers were simply purchasing strands of beads and 
transfering them, design intact, onto other strings: it was 
now necessary to clarify, by amendment, that "beadstringing 
in itself is not considered as fulfilling the street artist 
ordinance's definition of 'handcrafted item'" (Section 
2401(b), Ord. 41-83); "that is, bead stringing in itself is 
not considered as 'predominantly' or 'significantly' 
altering the form of the components." Mr. Porkola 's 
Committee wanted to specify, in writing, that "strands of 
single-color and single-size beads are not considered to be 
fulfilling the definition of 'handcrafted item'." 



STREET ARTISTS PROGRAM COMMITTEE - March 11, 1992 Minutes Page 3 

Mr. Porkola further stated that, for the past four years, he 
and Advisory Committee member Josie Grant had warned artists 
on the streets that their Committee would put this 
clarification in writing; therefore, he said, this should 
not be a surprise to anyone. 

Mr. Steneck disagreed and again requested a rescheduling of 
the hearing. He volunteered to disseminate notices of the 
next hearing on the matter at a Saturday street artist 
lottery so that a sufficient number of bead stringers would 
attend. 

Commissioner Eichelbaum moved that consideration of the 
Advisory Committee's recommended amendments to "bead 
stringing" criteria be postponed to the next Program 
Committee meeting; the motion was seconded by Commissioner 
Genera and unanimously approved. 

V REQUESTS FROM STREET ARTISTS FOR DESIGNATION OF PERMANENT 
AND TEMPORARY SELLING SPACES 

A. From Peter Wiley and Kelly Ladas (for temporary Christmas 
spaces ) : 

1) Post Street (Stockton to Grant), north side: 6 
spaces . 

2) Geary Street (Stockton to Powell), south side: 3 
spaces . 

3) O'Farrell Street (Stockton to Powell), north side: 
20 to 30 spaces. 

4) Grant Avenue (Post to Sutter), west side: 2 spaces. 

5) Grant Avenue (Geary to Post), west side (by Crate & 
Barrel store): 2 spaces. 

6) Grant Avenue (Geary to Post), west side (by Brooks 
Brothers store): 2 to 4 spaces. 

7) Post Street (Powell to Stockton), north side (by 
Saks 5th Avenue store): 3 to 6 spaces. 



Mr. Lazar stated that he had not been able to survey more 
than half of the listed request, due to time restrictions, 
but was able to give his recommendations on those he did 
survey. The Commissioners noted that there were no merchants 
present representing the Downtown area; Mr. Lazar had sent 
notice of the meeting to representatives of eight 
stores/merchant associations whose area would be impacted by 
this proposal, as well as to representatives of five 
businesses/merchant associationswhose Castro/Upper Market 
area would be impacted by the request from street artist 



STREET ARTISTS PROGRAM COMMITTEE - March 11, 1992 Minutes Page 4 

Laura McCamy (Item C). Mr. Lazar asked that the Wiley-Ladas 
proposal be rescheduled for another month so that the same 
merchants of the Downtown-Union Square area could be 
re-notified for another opportunity to express their views 
to the Committee. 

Commissioner Genera stated that he wished to propose that 
all of the above spaces be considered for permanent, rather 
than temporary, designation. Commissioner Genera moved 
that the Wiley-Ladas proposal be postponed to the following 
Committee meeting, and that the representatives of the 
merchants be re-notified; the motion was seconded by 
Commissioner Eichelbaum and was unanimously approved. 

B. From Virginia Travers (for permanent space): 

1) Request for re-designation of space "GRANT 6" 
(Grant Avenue, west side, by Crate & Barrel store) as 
exempt from Section 2405 (c ) ( 8 ) ( 2 ) , Regulations for Street 
Artists , "Yellow Zone," Ord. 41-83. 

Mr. Lazar explained that the space known as "GRANT 6" 
already exists as a permanent space but is restricted in 
its usage by an adjacent yellow (loading/unloading) zone 
which prohibits artists from selling in the space until 
after 6 p.m. Monday through Saturday and all day Sunday. 
Street artist Virginia Travers was asking that the space be 
re-designated as exempt from the yellow zone regulation so 
that it could be used all day every day. Mr. Lazar said 
that he spoke with Ms. Gerry Given, manager of the Crate & 
Barrel store, who told him that she supported the proposal 
because her store's delivery trucks do not unload adjacent 
to "GRANT 6" but unload further down in the zone, opposite 
the store's entrance. 

Commissioner Eichelbaum asked if other spaces had ever 
received similar exemptions. Mr. Lazar responded that the 
eight permanent spaces on Stockton Street, west side, Post 
to Sutter Streets, were designated years ago as being 
exempt from the white (passenger loading/unloading) zone. 
Other exemptions were obtained for the twelve permanent 
spaces at BART Plaza, as well as for numerous temporary 
Christmas spaces over the past ten years. 

Street artist Virginia Travers told the Commissioners that 
she too had spoken with Manager Gerry Given, who had 
purchased earrings from her, and had told Ms. Travers that 
she would be more than willing to cooperate in helping to 
make "GRANT 6" a full-time space for the artists. 



STREET ARTISTS PROGRAM COMMITTEE - March 11, 1992 Minutes Page 5 

Commissioner Genera moved that the Board of Supervisors be 
requested to re-designate "GRANT 6" as a permanent space 
exempt from Section 2405 (c ) ( 8 ) ( 2 ) , Regulations for Street 
Artists , "Yellow Zone," Ordinance 41-83; the motion was 
seconded by Commissioner Eichelbaum and unanimously 
approved. 

C. From Laura McCaray (for permanent spaces): 

1) Market Street, south side, Sutter and Sansome 
Streets: Christmas spaces "Z 7" through "Z 18" to be 
declared permanent; Sutter Street, south side, at Market 
Street: "Z 29" through "Z 31" to be declared permanent; and 
Sutter Street, north side (by BART entrance), at Sansome 
and Market Streets: "Z 32" through "Z 35" to be declared 
permanent . 

Commissioner Genera stated that on Market Street, south 
side, Sutter at Sansome, adjacent to the Chevron building, 
there were many illegal (unlicensed) vendors. 

Mr. Lazar stated that these "Z" spaces requested by Ms. 
McCamy were designated as temporary spaces for each of the 
past ten Christmas seasons. 

Street artist Laura McCamy stated that street artists in 
the spaces year round would be providing a service to the 
workers of the Chevron building who would not have to go 
further downtown on their lunch hour in order to buy from 
the artists. 

Commissioner Genera moved that the Board of Supervisors be 
requested to designate the following former temporary 
street artist selling spaces as permanent spaces: the 
twelve spaces ("Z 7" through "Z 18") on Market Street, 
south side, Sutter and Sansome Streets; the three spaces 
("Z 29" through "Z 31") on Sutter Street, south side, at 
Market Street; and the four spaces ("Z 32" through "Z 35") 
on Sutter Street, north side (by the BART entrance), at 
Sansome and Market Streets; the motion was seconded by 
Commissioner Eichelbaum and unanimously approved. 

Commissioner. Genera asked Mr. Lazar to notify the Building 
Owners and Managers Association (BOMA) and recommend that 
BOMA inform the managers of the Chevron and Citicorp 
buildings that the Arts Commission, at its meeting next 
month, will consider requesting the Board of Supervisors to 
designate the spaces, and that the managers contact the 
Arts Commission if they have any objection to the proposal. 



STREET ARTISTS PROGRAM COMMITTEE - March 11, 1992 Minutes Page 6 

2) Harvey Milk Plaza (lower level, adjecent to 
Municipal Railway station entrance): Christmas (1990) 
spaces "Z 79" through "Z 82" to be designated as 
permanent . 

The Commissioners reviewed a November 12, 1991 memorandum 
from the City Attorney's office which clarified that "in 
order for the Art Commission to have the desired spaces 
at Harvey Milk Plaza designated as 'permanent' street 
artists' spaces, it must obtain the approval of the Public 
Utilities Commission" as well as a resolution by the Board 
of Supervisors designating the spaces and exempting them 
from the regulation which prohibits street artists from 
selling within twelve feet from the outer edge of any 
entrance. 

Street artists Laura McCamy, Brenda Weiss, and Enrique 
Mendoza expressed support of this proposal. Mr. Mendoza 
referred to the petition he circulated in the Castro/Upper 
Market area for which he obtained 200 signatures in the 
fall of 1990 in support of "thestreet artists in public 
places in the Castro neighborhood during the Christmas 
season in Harvey Milk Plaza." He also proposed that there 
be five spaces designated on the upper level of the Plaza 
and said he would approach the merchants in the area for 
their endorsement. 

With respect to Mr. Mendoza ' s proposal for the upper 
level, Mr. Lazar told the Commissioners that he would 
require time to survey the location and to prepare 
findings as to whether such proposed spaces would meet 
with, or require exemptions from, the regulations. 

Mr. Gerald Abbott, Treasurer of the Merchants of Upper 
Market Street, stated that the street artist spaces on the 
lower level might impact on rush-hour commuters entering 
and leaving the Muni station; however, he wanted to see a 
map of the proposed sites. Ms. McCamy showed him a map and 
said that she had sold there during the Christmas season 
of 1990 and that there was no interferance of commuters or 
any congestion at all. Mr. Abbott replied that he had no 
problem with the proposal for spaces on the lower level. 

Commissioner Genera moved that the Board of Supervisors be 
requested to designate four former temporary selling 
locations on the lower level of Harvey Milk Plaza as 
permanent locations exempt from Section 2405(c)(6), 
Ordinance 41-83, for street artists; the motion was 






STREET ARTISTS PROGRAM COMMITTEE - March 11, 1992 Minutes Page 7 

seconded by Commissioner Eichelbaum and unanimously ap- 
proved . 

3) 18th Street, south side (by Security Pacific 
Bank), at Castro Street: 2 spaces to be designated as 
permanent . 

Commissioner Eichelbaum said he saw no problem with the 
proposal because the location was currently being used by 
performers, chairitable solicitors, and community groups. 

Mr. Lazar submitted findings based on his survey: the 
proposed two spaces would require exemptions from (a) the 
distance-f rom-crosswalk regulation, (b) distance-between- 
spaces regulation, and (c) the pedestrian walkway regula- 
tion . 

Mr. Abbott of the Merchants of Upper Market Street stated 
that the proposed site was on private property, Security 
Pacific Bank, and that the right to pass was reserved. He 
further reported that the manager of the bank was 
ambivalent to the proposal at this point in time and did 
not have the power to grant permanent usage of the space. 

Ms. McCamy said she would write to the bank management 
for approval of the use of their private property. The 
Committee withdrew their consideration of the proposal. 

VI NEW BUSINESS 

A. Budget. Street Artist Larry Rosenbloom apologized to 
the Commissioners for not attending the previous month's 
meeting on the Street Artists Program's budget for 
1992-93. He reported that thirty-five percent of the 
street artist licenseholders attended the lottery for 
spaces on the previous weekend, and he estimated that 
there could be forty-five percent, attending the lotteries 
by summer. He asked that the Program decrease the number 
of new applicants called up for screening, that as soon 
as the Program reached the necessary amount of revenue to 
complete its expenses for the current year, the 
screenings of new applicants be decreased. He also 
stated that most artists had not been informed of the 
last budget meeting and no one showed up. 

Mr. Lazar responded that it was necessary to maintain the 
current level of scheduling for screening, and that the 
Street Artists Program Committee had already decided at 
the last meeting to continue its consideration of budget 



STREET ARTISTS PROGRAM COMMITTEE - March 11, 1992 Minutes Page 8 

issues in June. Mr. Lazar asked that the Committee 
re-consider the proposed "punch card system" of 
assigning spaces, drafted by street artists Bill and Bob 
Clark, which, he felt, could bring about a better and 
more fair distribution of spaces for all artists than 
that which was happening by the present lottery system. 

Street artist Bill Clark stated that the reason the 
Street Artists Program Committee would not be having 
another meeting on the budget until June was because at 
that time the Commissioners would be able to see whether 
there would be a surplus of revenue to warrant a 
reduction of the certificate fee. 

Street artist Brenda Weiss stated that a major reason 
for the increased attendance at the lottery in February 
was the recession. 

Street artist Bob Clark stated that the "buddy system," 
drafted by his brother and he and approved by the Arts 
Commission for a trial period, eased the "crunch for 
spaces" last fall because artists were allowed to share 
spaces. Bill Clark asked that the re-institution of the 
"buddy system" be placed on the next Program Committee 
agenda. Mr. Clark also stated that he could prove that 
the present lottery system was not fair to the artists, 
and that it was time to look at his proposed "punch card 
system. " 

Commissioner Genera asked Mr. Lazar to put the "buddy 
system" (space sharing) on the next Committee agenda. 

Street artist Brenda Weiss objected to Mr. Rosenbloom's 
statement that most artists had not known of last 
month's meeting. In addition to Mr. Lazar' s mailout to 
the members of both the Liaison and Lottery Committees 
and to artists on the mailing list, she personally 
"promoted the budget meeting very heavily to get people 
there ... I talked to Larry ... No one responded . . . 
Decisions were made at the meeting. We were consulted. 
And I announced it." As to Mr. Rosenbloom's request 
that the screenings of new applicants be reduced, Ms. 
Weiss responded that "if nothing new comes into the 
Program, no one will buy from us." The meeting 
adjourned at 6:30 p.m. 

Respectfully submitted : 

Howard Lazar , Director 
Street Artists Program 



City and County of 
Sin Francisco 




APR** ,« 



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TREET ARTISTS PROGRAM COMMITTEE 






nnc JMEN'iG DU&IV^ ^g^ 8 r 1992 

QOWWWli-w**' ^ Commission conferenc 



25 Van Ness Avenue 

Suite 240 

San Francisco. Ca 94102 



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Commissioners present: Daniel Genera 






Commissioner Genera, Chairman, called the meeting to order at 4:45 
p.m. The Commissioner announced that Commissioner Eichelbaum was 
not able to be present; and, due to a lack of quorum, Commissioner 
Genera would adjourn the meeting. He said he would remain to 
discuss any matter of the agenda with the members of the public, 
for the purpose of gathering information, and would make no 
recommendations at this time. 

The following street artists, store merchants, and representatives 
of business organizations were in attendance: 



Diana Manley 
Gat Wah Lee Chen 
Sandra Bishop 
Steve Kogan 
Edward Steneck 
Sharon MacDougall 
Virginia Burris 
Tad Sky 
John Bass 
Kelly Ladas 



STREET ARTISTS 
Merlin Willis 
Roger Ho 
Willie Cheng 
Chinglan Sun 
Vivian Lee 
Chik Yuk Suen 
Cheryl Chen 
Eaiko Chou Chang 
Yen Ling Chang 
Brenda Weiss 



Sachiko Matsumoto 
Ann Cheng 
Chao-Ju Chang 
Rui Ling Huang 
Jim Billy 
Kimberly Kradel 
Rebecca Wolford 
Laurie Cannon 
Peter Wiley 



ADVISORY COMMITTEE OF STREET ARTISTS 



AND CRAFTSMEN EXAMINERS 



Marcia Weisbrot 



STORE MERCHANTS/BUSINESS ORGANIZATIONS 
Harry Kanke, Sales Support Mgr., Macy's 

Edward Lawson, Executive Director, Union Square Association 
Bobi Eisenberg, Personnel Director, Saks Fifth Avenue 
Geraldine Lafferty, Administrative Assistant, Gump's 
Jon S. Handlery, Vice President/General Manager, Handlery 

Union Square Hotel 
Robert F. Begley, Executive Director, Hotel Council of San 

Francisco 
Denise Cox, Ciro 
Joe Brainis, Manager, Ciro 



Commissioner Genera adjourned the meeting. The Commissioner 



STREET ARTISTS PROGRAM COMMITTEE - April 8, 1992 Minutes Page 2 



discussed with the persons in attendance the following matters: 

A. Art Commission meeting of April 6, 1992. The Commissioner 
apologized to those street artists who, he said, had waited three 
and a half hours to speak at the Art Commission meeting and had not 
been permitted to do so. The Commissioner stated that the 
Commission's agenda had placed the Street Artists Program and the 
cultural centers near the end, and, by the time their issues came 
up, many of the Commissioners had to leave, the others were too 
tired, and the street artist issue (the request for spaces on 
Market Street and on Sutter/Sansome Streets) was referred back to 
committee. The Commissioner said he had made it clear to the Art 
Commission President and the other Commissioners that they cannot 
keep people waiting just because their issues are not considered as 
very important. Such issues, he said, are as important to the 
street artists as they are to the store merchants and others 
involved. 

Mr. Edward Lawson, Executive Director of Union Square Association, 
asked that the record reflect that he was present but that he 
elected not to speak until there was a quorum. (Mr. Lawson and the 
other store-businesspeople were present to address another request 
by the street artists: sales spaces in the Union Square area.) 
Commissioner Genera replied that the minutes would reflect that 
persons appeared to testify but chose not to do so until next 
month's meeting. The store merchants and their representatives 
vacated the room. 

The Commissioner stated that he understood the frustration of the 
merchants and artists who took the time to come to the meeting. He 
went on to say that ever since he was appointed to the Street 
Artists Program Committee, he has asked the full Commission for a 
third Commissioner to share in the work load and to help safeguard 
against adjournment of meetings from lack of quorum. There was no 
reason, he said, for the Commission to not put another member on 
his Committee. 

Street artist Brenda Weiss stated that she felt the Art 
Commission's decision to send the artist's request for spaces back 
to committee was wrong. Commissioner Genera concurred and said he 
had so told his fellow Commissioners. He added that it was a matter 
of priorities: he did not feel that his colleagues' three-hour 
discussion on where a statue should be placed was as important as 
whether street artists were going to be able to work, or whether 
the cultural centers of the city would survive the budget cut. He 
added that he did not see value in spending "millions of dollars of 
private funding to re-locate a monument that I don't even feel is 
deserving of being in Civic Center." 



STREET ARTISTS PROGRAM COMMITTEE - April 8 r 1992 Minutes Page 3 



B. Requests from street artists for designation of permanent 
selling spaces. Street artist Brenda Weiss stated that the 
Commission's sending of the artists' request back to committee set 
the artists back two months. Street artist Laurie Cannon stated 
that, in supporting any proposal for spaces, the artists should go 
with a positive attitude and an understanding of how they could 
benefit and contribute to a business area - for example, by 
increasing the foot traffic for store businesses. 

Program Director Howard Lazar stated that one positive point to 
remember was that the Art Commission licenses 480 - 500 people who 
are thus given an opportunity to earn their own way. Another point 
was that the street artists contribute to the local economy: some 
200 of these people sell their wares on a daily basis; if a 
conservative average annual income of $15,000 for them is 
considered, their total income and input to San Francisco's economy 
is $3,000,000. The street artists, he said, have been a business 
segment of the economy for twenty years. He added that he still 
receives calls and letters from cities throughout the United 
States, Canada, and Europe requesting a copy of the voters' mandate 
for licensing street artists, the Art Commission's rules, 
regulations, and policies governing the artists, and advice on 
establishing such a program. The requests have stated two primary 
reasons for their admiration of San Francisco's licensing program: 
(1) the fact that a street artist must submit his/her wares to a 
screening prior to receiving a license, and (2) the uniqueness of a 
city who provides selling spaces to its artists throughout its 
major business areas. 

Commissioner Genera stated that the request (on this meeting's 
agenda) for sales spaces in the Union Square area would be 
re-scheduled for the Committee's June meeting; while the request 
for spaces on Market Street and on Sutter/Sansome Streets, which 
had been referred by the Commission back to committee, would be 
taken up at the May meeting. 

Mr. Lazar stated that while he had notified the San Francisco 
Council of District Merchants, the Union Square Association, and 
the Downtown Association of the March committee ' s meeting on the 
request for spaces on Market Street and on Sutter/Sansome Streets, 
he had failed to notify the Building Owners and Managers 
Association (BOMA). Afterward, BOMA was notified for, and appeared 
at, the full Commission meeting on April 6th; however, the 
Commissioners voted to refer the matter back to committee. Mr. 
Lazar apologized for his oversight. 

Commissioner Genera received clarification from street artists 
Sandra Bishop and Brenda Weiss on their proposals for sales spaces 



STREET ARTISTS PROGRAM COMMITTEE - April 8, 1992 Minutes Page 4 



on Sansome Street near Bush Street and on Post Street at Montgomery 
(areas currently occupied daily by unlicensed vendors of 
commercially manufactured items); the Embarcadero adjacent to Pier 
5 to 7; Beach Street, by the Wharfside Building; Point Lobos (where 
there were now three street artist spaces); and Market Street, 16th 
to 17th Streets (currently occupied by unlicensed vendors). 

Mr. Lazar asked all artists present to be specific with diagrams as 
to the locations they request; this would facilitate his own 
surveys and measurements of the areas for his findings and 
recommendations . 

C. Budget cuts/Art Commission Gallery. Commissioner Genera 
stated that there was a possibility the Art Commission's Gallery 
may be shut down because of lack of funds. He wanted to explore 
ideas of the Gallery to be used in some way by street artists who 
create pieces they cannot sell on the streets, pieces that would 
require a gallery setting. Mr. Lazar reported that the Advisory 
Committee of Street Artists and Craftsmen Examiners had similarly 
proposed that street artists be given a show in the Gallery of 
works they could not sell on the streets, and that such a show be 
an event of the Street Artists Program's twentieth anniversary. 
Furthermore, as a precedent, street artists in 1980 were awarded by 
the Art Commission and given a group show in the Gallery. 
Commissioner Genera said it would be wrong for the Commission to 
not have its own gallery, and he could not think of a better group 
of artists than the street artists to show there on a semi-regular 
basis . 

As for the cuts in the Street Artists Program (the elimination of 
the Art Inspector's position and its fringe benefits), the 
Commissioner stated he did not feel that the street artists were 
adversely affected; he assessed that the Program was "surviving and 
going along well." 

D. Recommendation from Advisory Committee of Street Artists 
and Craftsmen Examiners: amendments to "BEAD STRINGING" arts and 
crafts criteria. Commissioner Genera asked for clarification of 
the purpose of the proposed amendments. Mr. Lazar clarified that 
the Advisory Committee was offering language which emphasized the 
existing criteria, keeping it more in line with the street artist 
ordinance's definition of "handcrafted item": "an item 
predominantly created or significantly altered in form by the 
street artist." The Advisory Committee, in its clarifying 
amendments, did not feel that a necklace of the same 
single-color, single-size beads fulfilled the definition. The 
Committee wanted to see more of the artist's design input on a 
beadstrung item. 



STREET ARTISTS PROGRAM COMMITTEE - April 8, 1992 Minutes 



Page 5 



Street artists Edward Steneck, Sharon MacDougall, Sachiko 
Mat sumo to, Roger Ho, and Tad Sky objected to the proposed 
amendments by maintaining that (1) the very fact that the artists 
do their own beadstringing in itself satisfies the ordinance's 
definition, (2) they can and do make necklaces of mixed size and 
color beads and of highly imaginative design, but (c) in many 
instances, the customer requests sheer simplicity and asks them to 
make a simple strand of single-color, single-size beads. Would it 
be fair to turn a customer away because the rules forbid such a 
necklace even though the artist would put it together himself? 

Street artist Brenda Weiss supported the Advisory Committee's 
proposed amendments, stating that street artists "are artists 
first" and should demonstrate their skills in creating unique 
designs. She added that she herself does her best to give the 
customers what they want and still remain within the criteria. 

Street artist Kimberly Kradel said she wanted to see more 
creativity in the Program, and that this would actually stimulate 
customers to buy more. 

Commissioner Genera stated that he now understood the Advisory 
Committee's reason for the proposed language; however, there would 
be no point for an artist to display his most creative pieces if 
they do not sell. He said that the matter would be considered at 
next month's Committee meeting. 

E. Hearing on "Buddy (space sharing) System" (adopted by Art 
Commission for three-month trial basis August 6 - November 6, 
1991). Commissioner Genera stated that this item would be placed 
on next month's Committee agenda. 

The discussion ended at 6:50 p.m. 



Respectfully submitted: 

Howard Lazar ' 

Director 

Street Artists Program 



ly/ind County 




5P < 



> Van Ness Avenue 

He 240 

in Francisco. CA 94102 

15) 554-9671 

\X #621-3868 



STREET ARTISTS PROGRAM COMMITTEE 

Wednesday, May 13, 1992 
4:30 p.m. 

Art Commission Conference Room 
Suite 70 (basement area) 

25 Van Ness Avenue 
San Francisco, California 






AP 






. 



}OGRAMS 

rts Festivals 

ivic Art Collection j 

ivic Design Review 

ommunity Arts 

and Education 

OP'S Symphony Concerts 

ublic Art Program 



uite 430 

♦reef Artists Licenses 

15-554-9677 

\rtHouse 

15-554-9679 



vrts Commission Gallery 
55 Grove Street 
15-554-9682 



END 



REQUEST FROM STREET ARTISTS FOR DESIGNATION OF PERMANENT 
SELLING SPACES (referred back to Committee by Art 
Commission 4/6/92) 

A. Nineteen (19) former temporary Christmas selling spaces 

1) Twelve (12) spaces - Market Street, south side, 
Sutter and Sansome Streets; 

2) Three (3) spaces - Sutter Street, south side, 
at Market Street; 

3) Four (4) spaces - Sutter Street, north side 
(by BART entrance), at Sansome and Market 

Streets, exempt from Section 2405(c)(6), Regu- 
lations for Street Artists , Ordinance 41-83. 



II RECOMMENDATION FROM ADVISORY COMMITTEE OF STREET ARTISTS AND 

CRAFTSMEN EXAMINERS: AMENDMENTS TO "BEAD STRINGING" 
CRITERIA (continued from 3/11 and 4/8/92) 

New language underlined ; deleted language in ( ( double 
parentheses ) ) : 

"Earrings and Stickpins: Earrings and stickpins must 
have a numerical minimum of three ( ( two ) ) components 
in addition to their 'findings' ..." 

"BEAD STRINGING: Beads cannot be sold the same as 
when purchased; when strung by the craf tsperson, their 
design must be different from the original purchased design. 
Beadstringing in itself is not considered as fulfilling 
the definition of a 'handcrafted item' (Ord. 41-83, 
Section 2401(b) ); that is, beadstringing in itself is 
not considered as 'predominantly' or 'significantly' 
altering the form of the components. Decisions on approv- 
ing certification for beadcraft or beadstringing shall 
be based on the design of the work. Strands of single- 
color and single-size beads are not considered to be 
fulfilling the definition of 'handcrafted item'. " 

III HEARING ON RE-ADOPTION OF "BUDDY (SPACE-SHARING) SYSTEM" 
(adopted for trial basis August 6 - November 6, 1991) 




IV 



NEW BUSINESS 



City and County of 
San Francisco 




J 



TREET ARTISTS PROGRAM COMMITTEE 



25 Van Ness Avenue 

Suite 240 

San Francisco. Ca 94102 



13, 1992 

rt Commission Conference Room 
Suite 70 
25 Van Ness Avenue 
San Francisco, California 



DOCUMENTS DEPT. 

MAY 8 9 1992 

SAN FRANCISCO 
PUftLie Ui*Aft* 



#" 



N U 



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Commissioners present: Daniel Genera, Stanley Eichelbaum 

Commissioner Genera, Chairman, called the meeting to order at 
4:35 p.m. 

I REQUEST FROM STREET ARTISTS FOR DESIGNATION OF PERMANENT 
SELLING SPACES (referred back to Committee by Art Com- 
mission 4/6/92) 

Nineteen (19) former temporary Christmas selling spaces: 

A. Twelve (12) spaces - Market Street, south side, 

Sutter and Sansome Streets; 

B. Three (3) spaces - Sutter Street, south side, at 
Market Street; 

C. Four (4) spaces - Sutter Street, north side (by BART 
entrance), at Sansome and Market Streets, exempt 
from Section 2405(c)(6), Regulations for Street Art- 
ists , Ordinance 41-83. 

Commissioner Genera stated that he had visited the requested 
areas, had spoken to some of the street artists and to Mr. 
Walter Finch of the Building Owners and Managers Association 
(BOMA), and concluded that the sidewalk of Sutter Street at 
Sansome Street, where 4 spaces were being requested, was 
narrower than most of the other sidewalks where street 
artists set up, and that it was also a very busy 
intersection. Accordingly, he was not inclined to approve 
the requested 4 spaces. He would, however, recommend the 12 
requested spaces on Market Street (adjacent to the Chevron 
building) and the 3 spaces on Sutter Street at Market 
Street. 



Mr. Walter Finch, Executive Assistant of BOMA, told the Com- 
missioners that his organization appreciated the deletion of 
the 4 spaces from the request. He went on to say that he 
contacted the building owners and managers on Market Street 
and at the Sutter Street intersection, and they and BOMA 
supported the request for the other 15 spaces. 

Commissioner Genera moved that four (4) spaces requested for 
Sutter Street, north side, at Sansome and Market Streets, be 
deleted from the artists' request, and that the Board of 



STREET ARTISTS PROGRAM COMMITTEE - May 13, 1992 Minutes Page 2 

Supervisors be requested to designate fifteen (15) former 
temporary street artist selling spaces as permanent spaces: 
(a) twelve (12) spaces - Market Street, south side, Sutter 
and Sansome Streets; and (b) three (3) spaces - Sutter 
Street, south side, at Market Street; the motion was 
seconded by Commissioner Eichelbaum and unanimously 
approved. 

II RECOMMENDATION FROM ADVISORY COMMITTEE OF STREET ARTISTS AND 
CRAFTSMEN EXAMINERS: AMENDMENTS TO "BEAD STRINGING 
CRITERIA (continued from 3/11 and 4/8/92) 

Commissioner Genera reviewed the informal discussion he held 
with the artists who had attended last month's meeting. He 
said that while some artists could abuse the criteria by 
re-selling a purchased string of beads, there were other 
artists who made their own necklaces even though these were 
comprised of only one type of bead and may be their 
best-selling items. The Commissioner said that he could not 
therefore approve the proposed criteria because, while it 
would curtail the illegal actions of a few artists, it could 
cause others to suffer. He went on to say that a street 
artist has a business to run and not just a craft to make. 
The Commissioner moved that the proposed amendments to the 
criteria not be approved. 

Commissioner Eichelbaum questioned both Commissioner Genera 
Program Director Lazar on the arguments that had been 
presented last month by artists for and against the proposed 
amendments. The primary question: If an artist strings 
beads and the result is a necklace which looks identical to 
that which may be purchased in a store, how can the public - 
and how can the staff of the Street Artists Program in 
enforcing the ordinance - discern between what is 
store-bought and what is constructed by the artist? 
Commissioner Eichelbaum stated that so long as artists were 
stringing the beads themselves, this constituted a 
legitimate craft. The Commissioner asked for comments from 
the artists. 

Street artist John Bass stated that he, a beadstringer , 
found nothing wrong with the proposed amendments, and that 
he could live with the amendments. He said the amendments 
simply made concrete what was implied in the existing 
criteria. He went on to say that the kinds of beads that 
most artists buy for their craft are sold on long strands of 
plastic string; this has made it easy for some beadstringers 
to simply place a clasp on the ends of the string and sell 
it as is. In many instances, the strand, being of inferior 



STREET ARTISTS PROGRAM COMMITTEE - May 13, 1992 Minutes Page 3 

string, would break and the customer would return looking 
for the beadstringer . Mr. Bass felt that a better amendment 
to the criteria would be one that requires all necklaces to 
be strung on Aculon-brand string-cable. 

Street artist Robert Clark stated that he has a problem with 
people whom he sees selling the same merchandise as that 
which they purchased, and he did not see this as being hand- 
crafted just because they remove the beads from one string 
and put them on another. He viewed this as being assemblage 
of mass-produced merchandise. When the Program started, he 
said, its purpose was for the artist to be able to sell 
items that the customer couldn't buy from a store. 
Re-stringing beads, he stressed, was not a skill; you could 
hire someone with no skill at all and pay him minimum wage 
to do it. The concept of the Program was to encourage 
people to be creative and to produce things the public could 
not buy anywhere else. This was also to protect the stores 
from having to compete with the same items they sell. As a 
jeweler, he said, he is prohibited by the Program's criteria 
from casting from commercially-produced wax rings, even 
though the casting process in itself is a skill; he has to 
cast from his own wax creations. If a beadstringer is 
allowed to re-string the same beads from a strand he 
purchases and does not have create his own design, then he, 
Mr. Clark, must be allowed to cast from commercial wax rings 
he can purchase. 

Street artist Tanya Key stated that some of the items she 
makes are assemblage but that she creates designs with them. 

Street artist Edward Steneck re-stated the position he 
presented to Commissioner Genera 1st month: his work 
satisfied the ordinance's definition of "handcrafted item" 
("an item predominantly created or significantly altered in 
form by the street artist") by virtue of the fact that his 
necklaces are completely made by him, using bags of beads, a 
spool of fishing line, and pliers. While some of his 
necklaces may be entirely of the same bead and similar in 
appearance to that which may be purchased from a store, they 
are nevertheless "predominantly created" - completely 
created, he emphasized - by him. He refuted the proposed 
language by the Advisory Committee: "Beadstringing in itself 
is not considered as fulfilling the definition of a 'hand- 
crafted item ' . " He said that it does fulfill the definition 
and asked that the proposed amendments not be added to the 
criteria. 

Street artist Brenda Weiss told the Commissioners that while 



STREET ARTISTS PROGRAM COMMITTEE - May 13, 1992 Minutes Page 4 

Mr. Steneck made a good point, every craft in the Program 
has rules to follow, with some crafts having more stringent 
rules than those for beadstringing. She did not feel that 
the beadstringers were being singled out. In fact, if the 
Commissioner was going to to scrutinize the beadstringers, 
it should also take a hard look at those artists who buy 
elaborate metal earring-pendants and simply attach three 
small beads to them. 

Street artist Sharon MacDougall emphasized that she and Mr. 
Steneck did not want to see the Advisory Committee put 
language into the criteria which would say that beadstring- 
ing is not a craft. She did not want it implied that 
beadstringers were inferior to other artists. 

Street artist Sandy Bishop stated that the Street Artists 
Program has been in existence for twenty years, and she felt 
that a little change was necessary. There were, she said, 
many crafts sold on the streets that were not found in 
Macy's, and there was a need to upgrade the Program; "we 
need to make it as wonderful as we can." 

Street artist Jill Mayberg stated that while she did not 
want "to wipe anybody out of their existence," there was 
"definitely a problem with the beads." There was much abuse 
in the craft. Many of the displays of bead items looked the 
same, and this has been mentioned to her by customers. 

Street artist Poco Young endorsed John Bass's recommendation 
for an amendment that would simply require a certain type of 
string. 

Mr. Mathew Porkola, Chairman of the Advisory Committee of 
Street Artists and Craftsmen Examiners, stated that to 
merely replace cotton thread with monfilament is not chang- 
ing the design of the store-bought necklace nor 
"significantly altering the form" of the components. He 
said that his Committee was not requiring anything 
extraordinary from the beadstringers. He added that his 
Committee's proposed amendments were not attempting to 
change the criteria but to clarify it. He said that it has 
always been the position of his Committee that the craft of 
beadstringing is in the design and not in the stringing. 

Commissioner Eichelbaum noted that there was more argument 
presented in favor of restricting the beadstringers to 
producing more quality work, and the new language seemed to 
have this in mind while not being significantly different 
from the original wording. He felt the matter should go 



STREET ARTISTS PROGRAM COMMITTEE - May 13, 1992 Minutes Page 5 

back to committee to come up with wording that would require 
more quality from the beadstringers . 

Program Director Lazar stated that the intent of the 
Advisory Committee's recommendation was not different from 
the Advisory Committee's insistence, in their screenings of 
the artists' wares, that persons who paint or silkscreen on 
T-shirts create elaborate or unique - non-mediocre - artwork 
on the shirts in order to "significantly alter the form of 
the component" which they do not make - namely, the shirt. 

Street artist Bruce Allison stated that a decision has to be 
made between what is assemblage and what is creation of 
quality. Ultimately, the Art Commission has to make 
criteria related to quality for the whole Program. 

Street artist Millicent Ward stated that while she makes 
necklaces of multi-strands and multi-type beads, more neck- 
laces she has sold were of the single-strand, same-color 
variety which was asked for by her customers: "They have a 
green suit, they want a green necklace; they have a gold 
suit, they want a gold necklace." 

Street artist Diana Manley stated that, as a jeweler, she 
gets many request for items she will not make because of the 
criteria - for example, she will not take 
commercially-produced items to sell. She added that she did 
not feel "beadstringers have it that rough": she has to take 
time to design, lay out, and cast her work in her shop which 
makes it possible for her to sell on the street only one, 
two, or three days a week; whereas beadstringers can do 
their work at their stand and can therefore sell every day. 

Commissioner Eichelbaum stated he was not in favor of elim- 
inating the work of a particular class of street artist 
because it was plain-looking. As long as the work is not 
commercially purchased, and if the beads are selected and 
put onto another string and a clasp attached, "that 
constitutes an art piece according to the rules of the 
Program. ... Just one string of beads that all happen to be 
alike cannot be thrown out on the basis that they're not 
artistic enough." 

Street artist Brenda Weiss said that it seemed that such an 
allowance for beadstringers would be discriminating against 
the silkscreeners of T-shirts. Commissioner Eichelbaum con- 
sidered this, and then suggested that the proposed 
amendments be put to a vote of the artists in order to 
obtain a wider representation of opinion for further study 



STREET ARTISTS PROGRAM COMMITTEE - May 13, 1992 Minutes Page 6 

by the Program Committee. 

Commissioner Genera moved to rescind his motion to 
disapprove the amendments; the motion was seconded by 
Commissioner Eichelbaum. 

Commissioner Eichelbaum moved that the staff obtain an 
opinion poll of at least 100 street artists on the proposed 
amendments to the "bead stringing" criteria, that the poll 
be in the form of a sheet of paper stating the presdent cri- 
teria, the proposed amendments, and the question "Do you ap- 
prove or disapprove of the proposed amendments?" and that 
such request be disseminated at the street artist lotteries 
during the summer of 1992, for re-consideration of the 
matter by the Program Committee; the motion was seconded by 
Commissioner Genera and unanimously approved. 

Commissioner Genera stated his Committee wanted feedback 
from more artists - headers and non-beaders - on this issue, 
and that the proposed poll was just. 

Commissioner Genera moved that the item be tabled; the 
motion was seconded by Commissioner Eichelbaum and 
unanimously approved. 

Ill HEARING ON RE-ADOPTION OF "BUDDY (SPACE-SHARING) SYSTEM" 

(adopted for trial basis August 6 - November 6,1991) 

Commissioner Genera stated that when the "Buddy 
(Space-Sharing) System" was implemented last fall, he did 
not receive any objection nor any negative feedback on the 
system. 

Street artist John Bass strongly objected to the system 
because, he said, it was "legalized squeezing" (between 
legal spaces), it destroyed the meaning of the artists' 
space-assignment lottery, and it promoted cliques of artists 
to force other artists out of their spaces. Artists, he 
said, will be paying each other to double-up. In addition, 
the Commission will never be able to get the Police to 
enforce the space rules. The solution was to obtain more 
selling spaces. 

Street artist Robert Clark said he was the one who proposed 
the system, and that if there were enough spaces in the lot- 
tery, there would be no need for the "Buddy System." 
Furthermore, he was the one to pressure the Art Commission 
to end the "squeezing" problem. The "Buddy System" was not 
the same thing: "All we're doing is to try to get the 



STREET ARTISTS PROGRAM COMMITTEE - May 13, 19 92 Minutes Page 7 



artists to work with each other, to help each other, so we 
can survive the summer." 

Street artist Sandy Bishop stated there were times when she 
was not able to get a space, and it would be a good thing to 
be able to share a space. 

Street artist Bruce Allison said he endorsed the system but 
that it would have to be monitored to prevent anyone giving 
his space away. He understood that according to the ruleds 
of the "Buddy System" the person who obtains the space has 
to be present at all times while he allows another artist to 
share it with him. 

Street artist Edward Steneck said that while the system was 
implemented last fall, he did not see any scamming of spaces 
or abuse of the system. He endorsed it. 

Street artist Jill Mayberg endorsed the system. 

Commissioner Genera moved that the "Buddy (Space-Sharing) 
System" be re-adopted on a permanent basis; the motion was 
seconded by Commissioner Eichelbaum and unanimously 
approved . 

IV NEW BUSINESS 

A. Airport Exhibit. Commissioner Genera announced that the 
photographic exhibit, "Tribute to the 20th Anniversary of 
the Art Commission's Street Artists Program," opened at the 
San Francisco International Airport's North Terminal, Gate 
62, on Monday, May 11th, and that it would be up for the 
entire summer and viewed by a potential 8,000 travellers a 
day . 

B. BOMA Support. Commissioner Genera thanked Mr. Walter 
Finch of the Building Owners and Managers Association for 
support of the Street Artists Program and stated that he 
looked forward to working with him on future issues of the 
Program. 

C. Requests by Former Certif icateholders for Priority in Is- 
suance of Certificate. 

1) Gary Freed - Certificate #3650 expired March 15, 

1992; his request received April 29, 1992. 

2) Pat Kenison - Certificate #3881 expired March 13, 

1992; her request received April 29, 1992. 



STREET ARTISTS PROGRAM COMMITTEE - May 13, 1992 Minutes Page 8 

3) Jacques Simmonet - Certificate #1207 expired 

February 17, 1992; his request received May 6, 
1992. 

4) Giselle Downard - Certificate #3890 expired March 

27, 1992; her request received May 12, 1992. 

Commissioner Genera moved that the requests for priority 
issuance of certificate by Gary Freed, Pat Kenison, 
Jacques Simmonet, and Giselle Downard, be approved; the 
motion was seconded by Commissioner Eichelbaum and 
unanimously approved. 

D. Request by Applicant for Priority Issuance of 
Certificate. 

1) Shelley Williams - was screened and approved by the 
Advisory Committee of Street Artists and Craftsmen 
Examiners on March 26, 1992, but failed to purchase 
certificate in allotted ten working days. 

Commissioner Eichelbaum moved that Ms. Williams's request 
for priority issuance of certificate be approved; the motion 
was seconded by Commissioner Genera and unanimously 
approved. 

E. June Meeting of Street Artists Program Committee. Commis- 
sioner Genera stated that the June meeting of the Program 
mittee would be held on the third Wednesday (rather than the 
second Wednesday), June 17, 1992. 



The meeting adjourned at 6:00 p.m. 



Respectfully submitted: 

Howard Lazar 

Director 

Street Artists Program 




M 6IW2 



City and County of 
San Francisco 

STREET ARTISTS PROGRAM COMMITTEE 

Wednesday, June 17, 1992 SAN FRANCISCO 

4:00 p.m. PUBLIC UIBRARY 

»lj Art Commission Conference Room 

25 van Nes$ Avenue Suite 70 ( basement area) 

Suite 240 25 Van Ness Avenue 

san Francisco, ca 94102 San Francisco, California 

NOTE: The regularly scheduled meeting of June 10th was 
rescheduled to June 17th. 

AGENDA 

I REQUEST FROM STREET ARTISTS PETER WILEY AND KELLY LADAS 
FOR DESIGNATION OF PERMANENT SELLING SPACES IN DOWN- 
TOWN-UNION SQUARE AREA (continued from 4/8/92) 

A. REQUESTED LOCATION: Post Street, north side, Stockton 

to Grant (opposite DUNHILL, WATERFORD, GUMP'S) 

REQUESTED NUMBER OF SPACES: 6 spaces 

PROGRAM STAFF RECOMMENDATIONS: 6 SPACES (5 requiring 
exemption from regulations): 

1 space adjacent to red zone (opposite DUNHILL) 
1 space (opposite DUNHILL) requiring yellow zone 

exemption 
1 space (opposite WATERFORD) requiring yellow 

zone exemption 
3 spaces (oppposite GUMP'S) requiring yellow 
zone exemption 

B. REQUESTED LOCATION: Geary Street, south side, Stockton 

to Powell (opposite I. MAGNIN and MACY ' S ) 

REQUESTED NUMBER OF SPACES: 3 spaces 

PROGRAM STAFF RECOMMENDATIONS: 3 spaces (2 requiring 
exemption from regulations): 

1 space adjacent to no-color curb (opposite I. 

MAGNIN) 
1 space (opposite I. MAGNIN) requiring white 

zone exemption 
1 space (opposite MACY ' S - 239 Geary) requiring 
white zone exemption 

C. REQUESTED LOCATION: O'Farrell Street, north side, Stock- 

ton to Powell (opposite MACY'S) 

REQUESTED NUMBER OF SPACES: 20 to 30 spaces 



STREET ARTISTS PROGRAM COMMITTEE - June 17, 1992 Agenda Page 2 

PROGRAM STAFF RECOMMENDATIONS: 15 spaces (10 requiring 
exemption from regulations: 

3 spaces (opposite MACY"S), toward Stockton Street 

corner, requiring white zone exemption 
6 spaces (opposite MACY'S), middle of block, 
adjacent to no-color curb 

1 space (opposite MACY"S), middle of block, requir- 

ing white zone exemption 

2 spaces (opposite MACY'S), requiring yellow 

zone exemption 

3 spaces (opposite MACY'S), toward Powell Street cor 

ner), requiring white zone exemption 

D. REQUESTED LOCATION: Grant Avenue, west side, Post to Sutter 
(opposite MAUD FRIZON and SHREVE & CO.) 



REQUESTED NUMBER OF SPACES: 2 spaces 






PROGRAM STAFF RECOMMENDATIONS: 3 spaces (requiring exemptio 
from regulations): 

1 space, nearest Sutter corner, requiring yellow zon 

and 12 ' -distance-f rom-doorway exemptions 
1 space (opposite MAUD FRIZON) requiring yelow zone 

and 12 ' -distance-f rom-doorway exemptions 
1 space (opposite SHREVE & CO) requiring yellow zone 
exemption 

E. REQUESTED LOCATION: Grant Avenue, west side, Geary to Post 

(opposite CRATE & BARREL) 

REQUESTED NUMBER OF SPACES: 2 spaces 
PROGRAM STAFF RECOMMENDATIONS: spaces 

F. REQUESTED LOCATION: Grant Avenue, west side, Geary to Post 

(opposite BROOKS BROTHERS) 

REQUESTED NUMBER OF SPACES: 2 to 4 spaces 






PROGRAM STAFF RECOMMENDATIONS: 4 spaces (requiring exemp- 
tions from regulations ) : 

1 space requiring white zone exemption 

1 space requiring white zone and 12 ' -distance-f rom- 

doorway exemptions 

2 spaces requiring yellow zone exemption 

REQUESTED LOCATION: Post Street, north side, Powell to 
Stockton (opposite SAKS FIFTH AVENUE) 






STREET ARTISTS PROGRAM COMMITTEE - June 17, 1992 Agenda Page 3 



REQUESTED NUMBER OF SPACES: 3 to 6 spaces 

PROGRAM STAFF RECOMMENDATIONS: 5 spaces (3 spaces requir- 
ing exemption from regulations): 

2 spaces (in direction of Powell Street) adjacent 

to no-color curb 
2 spaces (in direction of Stockton Street) requir- 
ing yellow zone exemption 
1 space (nearest Powell Street corner) requiring 
white zone exemption 



II REQUEST FROM STREET ARTISTS ENRIQUE MENDOZA AND DIANA MANLEY 
FOR DESIGNATION OF PERMANENT SELLING SPACES AT HARVEY 
MILK PLAZA (UPPER LEVEL) 

REQUESTED LOCATION: Harvey Milk Plaza (upper level); retain- 
ing wall area adjacent to Market Street; curbside area 
adjacent to Castro Street 

REQUESTED NUMBER OF SPACES: 5 spaces 

PROGRAM STAFF RECOMMENDATIONS: 1 space in each of two alcoves 
of retaining wall area; no recommendation for curbside 
area adjacent to Castro Street (at time of mailing of 
agenda)- staff surveying area 



III NEW BUSINESS 



City and County of "*- ^ 
San Francisco £s"]0- 




SF; Ar^~ Cowmcwv 

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IS \ .in Ni-« Avenue 

Suite iw 

5,111 Ir.inc Imo ( .1 '14KU 



STREET ARTISTS PROGRAM COMMITTEE 

August 12, 1992 

Art Commission Conference Room 
Suite 70 
25 Van Ness Avenue wvwwi/iL., VlwUc 
San Francisco, California AUG 28 1992 



M 



N U 



oAN I-KANCISCO 

Commissioners present: Stanley Eichelbaum, Barbara Sklar 

Commissioners absent: Daniel Genera, Chairman 

Program Director Lazar informed the Commissioners that, due to an 
emergency, Commissioner Genera was unable to attend the meeting. 

Commissioner Eichelbaum welcomed Commissioner Sklar as a member 
of the Committee. 

Commissioner Sklar served as Chair and called the meeting to 
order at 4:00 p.m. 

I HEARINGS ON ALLEGED VIOLATIONS OF STREET ARTIST ORDINANCE 



A. Catherine Iniquez - Certificate #4053. Program Director 
Lazar reported that three street artists had informed him 
that Ms. Iniquez on Thursday, July 2, 1992, at 3:00 p.m., oc- 
cupied street artist space "G-6" (Grant Avenue, west side, 
at Maiden Lane) during an hour which was not authorized for 
street artist usage because the space was adjacent to a 
yellow curb zone. "G-6" was available to the artists after 6 
p.m. Monday through Saturday and all day Sunday. The 
Program Director further reported that two weeks prior to 
the alleged incident, he had personally warned Ms. Iniquez 
to not use "G-6" during the prohibited hours, and that the 
Art Commission was in the process of requesting the Board of 
Supervisors to exempt the space from the yellow zone regula- 
tion; Ms. Iniquez had told him she would comply. 

Ms. Iniquez stated that she used the space during the 
prohibited time because other artists had used the space, 
even though Mr. Lazar had told her not to do so. She said 
she had been confused. 

Street artist David Jones, Ms. Iniquez ' s family unit member, 
stated that there was confusion about the space's hours of 
usage, and that street artist Eunice Rodriguez had told him 
in May that the Mayor had thirty days to sign the new legis- 
lation. He said that Ms. Iniquez had sold during the 
prohibited time. 



STREET ARTISTS PROGRAM COMMITTEE - August 12 , 1992 Minutes Page 2 

Street artist Eunice Rodriguez testified that Ms. Iniquez had 
been selling in the space during prohibited hours "on and off 
for several months, and that she, Mrs. Rodriguez, had advised 
Mr. Jones to tell his partner not to sell there during 
prohibited hours. 

Commissioner Sklar moved that Ms. Iniquez be found in 
violation of the street artist ordinance by selling in an il- 
legal location, and that Ms. Iniquez 's certificate be 
suspended for one week with a strong warning to refrain from 
selling in an illegal location; the motion was seconded by 
Commissioner Eichelbaum and unanimously approved. 

B. Vadim Cherner - Certificate #4153. Program Director Lazar 
reported that, while on inspection duty on Friday, July 10, 
1992, he had encountered Officers Mendelke and Albright at 
Hallidie Plaza who informed him that they had seen Mr. Cherner 
that afternoon selling metal-enamel lapel-pins at the cablecar 
turnaround on Market Street at California and Drumm Streets. 
Mr. Lazar went to the location and photographed the items on 
Mr. Cherner ' s display. In April of this year the Program 
Director had found Mr. Cherner selling such pins at Justin 
Herman Plaza and had warned him that if he were found selling 
them again, the Program Director would institute a hearing 
procedure with the intent to suspend or revoke Mr. Cherner ' s 
certificate . 

The Commissioners reviewed the photographs submitted. 

Mr. Cherner stated that he had told Officer Mendelke that when 
he left Russia he brought the pins with him, that they were 
his own design, but that in America he could not afford the 
equipment to make the items. Officer Mendelke, he said, 
issued him a citation to appear in court. 

Mr. Lazar clarified that the Program was charging Mr. Cherne] 
with two alleged violations: (1) displaying items not of th< 
artist's own creation; and (2) displaying items not certifiec 
by the Art Commission. He said that Mr. Cherner had gottei 
other crafts screened and approved by the Advisory Committee 
and added to his certificate but had never submitted the 
lapel-pins for examination. 






in 



Commissioner Eichelbaum moved that Mr. Cherner be found 
violation of the street artist ordinance by selling items not 
certified by the Art Commission, and that Mr. Cherner ' s 
certificate be suspended for two months; the motion was 
seconded by Commissioner Sklar and unanimously approved. 

C. Juana Andrango - Certificate #4170. Program Director Lazar 



STREET ARTISTS PROGRAM COMMITTEE - August 12, 1992 Minutes Page 3 

stated that on June 18, 1992 he issued a "Report of Alleged 
Violation of Street Artist Ordinance" to Juana Andrango on 
Market Street, north side, at Fremont Street, for the 
following alleged violations: (1) displaying items not of the 
artist's own creation (cotton-cloth backpacks, woven 
wristbands, and cotton shirts); (2) displaying items (the 
foregoing) not certified by the Art Commission; and (3) 
selling in an illegal location. Mr. Lazar said that, on two 
occasions prior to the alleged incident, he had warned Ms. An- 
drango not to sell in any non-designated location, had given 
her maps of all street artist locations, and had explained to 
her the street artist lottery procedures for obtaining spaces. 
Mr. Lazar further reported that on July 10, 1992, after being 
informed by Officer Mendelke, he photographed Ms. Andrango 
again selling in an illegal location: Market Street, north 
side, at Front Street. He submitted photos of both incidents. 

Ms. Andrango told the Commissioners that she did not submit 
the backpacks to the screening committee because she could not 
bring her machine, and that she did not have time to go to the 
lottery for spaces. 

Commissioner Eichelbaum moved that Ms. Andrango be found in 
violation of the street artist ordinance by selling in an il- 
legal location, displaying items not of the artist's own 
creation, and displaying items not certified by the Art 
Commission, and that Ms. Andrango ' s certificate be suspended 
for four months; the motion was seconded by Commissioner Sklar 
and unanimously approved. 

D. Daniel Morales Andrango - Certificate #4217. Program 
Director Lazar reported that on June 18, 1992 at BART Plaza he 
issued a "Report of Alleged Violation" to Mr. Andrango for the 
following alleged violations: (1) displaying items not of the 
artist's own creation (cotton shirts with labels stating 
"Handmade in Ecuador 100% Wool" and woven wristbands); and (2) 
displaying items (the foregoing) not certified by the Art Com- 
mission. One week before, on June 11th, Mr. Lazar had found 
Mr. Andrango at Justin Herman Plaza selling manufactured 
cotton shirts and cotton-cloth handbags and had warned him 
that if he were found again selling items he did not make, the 
Program Director would institute a hearing procedure with the 
intent to suspend or revoke his certificate. He presented 
photos of the alleged June 18th incident. 

Mr. Andrango was not present. The Committee noted that Mr. 
Andrango had been informed in writing that, according to the 
Art Commission's hearing procedure, failure to appear at the 
hearing "may result in a Program Committee recommendation of 



STREET ARTISTS PROGRAM COMMITTEE - August 12, 1992 Minutes Page 4 

the penalty for the violation(s) of which you have been 
charged. " 

Commissioner Eichelbaum moved that Mr. Andrango be found in 
violation of the street artist ordinance by displaying items 
not of the artist's own creation and by displaying items not 
certified by the Art Commission, and that Mr. Andrango' s 
certificate be suspended for two months; the motion was 
seconded by Commissioner Sklar and unanimously approved. 

II RECOMMENDATIONS TO FILL ONE POSITION ON ADVISORY COMMITTEE OF 

STREET ARTISTS AND CRAFTSMEN EXAMINERS 

The Committee noted that the term of the position currently 
occupied by Mathew Porkola, Chairman of the Advisory Committee 
of Street Artists and Craftsmen Examiners, expired November 
27, 1991, and that three candidates had to be submitted to the 
Mayor for his choice of one to serve from November 27, 1991 to 
November 27, 1993. 

Commissioner Sklar commended Mr. Porkola 's contributions to 
upgrading the Program, particularly his recent efforts in 
drafting and presenting screening criteria which may improve 
the quality of street art. 

Commissioner Sklar moved that the following candidates be sub- 
mitted, in order of preference as listed, to the Mayor for the 
selection of one to serve on the Advisory Committee of Street 
Artists and Craftsmen Examiners for a term from November 27, 
1991 to November 27, 1993: Mathew Porkola, Theodore Cohen, 
Joye Peters; the motion was seconded by Commissioner 
Eichelbaum and unanimously approved. 

III REQUEST BY FORMER CERTIFIATE-HOLDER FOR PRIORITY IN ISSUANCE 

OF CERTIFICATE 

John Hulton - Certificate #4144 expired May 10, 1992. It was 
noted that when Mr. Hulton 's request came before the Committee 
in June, another street artist had protested against Mr. 
Hulton 's being given priority due to his allegedly having sold 
items not of his own creation and having sold with an expired 
certificate. As Mr. Hulton had not been present to respond, 
the Committee had continued the matter to July. Mr. Hulton 
had then informed the Program that he would be out of town at 
the time of the July meeting. Mr. Hulton was now present. It 
was further noted that the Committee's recommendation in this 
matter would be considered by the full Commission next month, 
which would be three months after Mr. Hulton had submitted his 
request. The Program Director informed the Committee that the 



STREET ARTISTS PROGRAM COMMITTEE - August 12, 1992 Minutes Page 5 

present waiting period for an applicant was three months, and 
that if Mr. Hulton's letter-request last June were to be 
considered as an application, he would be routinely scheduled 
for a screening and certification next month. 

Commissioner Sklar moved that the date of Mr. Hulton's letter- 
request (June 12, 1992) for priority in obtaining a 
certificate be considered as the date of his application; the 
motion was seconded by Commissioner Eichelbaum and unanimously 
approved. 

The Program Director informed Mr. Hulton that after he 
receives his new certificate, he would be notified for a hear- 
ing on his alleged violation of having sold items not of his 
own creation during the time of his previous certification. 

IV REQUEST FOR POLICY ON WAIVER OF CERTIFICATE FEE FOR DISABLED 
VETERANS 

Program Director Lazar stated that a licensed street artist 
who is a disabled veteran but whose disability is not service- 
connected has asked that his certificate fee be waived in 
keeping with the California veteran's law. The City 
Attorney's office has clarified that (a) a disability does not 
have to be service-connected in order to qualify an honorably 
discharged veteran for waiver of the street artist fee; and 
(b) the Art Commission is required to waive the fee so long as 
the veteran meets the requirements of the street artist 
ordinance and the veteran's law. The City Attorney's office 
helped the Program Director draft such a policy for adoption 
by the Commission. Just prior to the Program Committee meet- 
ing, however, the Program Director heard from street artist 
Bill Clark who expressed the view that any veteran who, 
according to the veteran's law, "is unable to obtain a liveli- 
hood by manual labor" could not possibly be a street artist 
because a street artist, by definition, must make his own 
"handcrafted" items - "of his own creation" - by his own 
manual labor, his own hands. Both Mr. Clark and the Program 
Director felt that the City Attorney should be asked to 
re-consider whether the Art Commission is required to waive 
the fee in view of this interpretation of "manual labor." 

The Commissioners concurred and asked Mr. Lazar to send the 
matter back to the City Attorney for a definition of the 
term "manual labor" and whether it applies to the provisions 
of the street artist ordinance. 

Street artist Bruce Allisonstated that he did not see how 
waiving the fee could apply to the Street Artists Program, as 



STREET ARTISTS PROGRAM COMMITTEE - August 12, 1992 Minutes Page 6 

the cost would not be covered by the City's general fund but 
would be shared by - and be a burden to - the other street 
artists who, through their fees, support the Program entirely. 
He questioned whether the veteran's law applied to a licensing 
program who receives no general fund money. 

Street artist Edward Steneck stated that he had spoken to a 
number of veterans in the Program and most were appalled by 
the request. Furthermore, he did not feel that the cost of a 
street artist certificate, which, he said, was 95$ a day, 
could be a problem for any street artist. He said that the 
thought of subsidizing another street artist to be in the Pro- 
gram was disgraceful. 

V POLICY PROVIDING FOR ENUMERATED LENGTH OF TIME BETWEEN REVOCA- 
TION OF A STREET ARTIST'S CERTIFICATE AND CONSIDERATION OF 
THE ARTIST'S APPLICATION FOR NEW CERTIFICATE (referred by 
Art Commission to Committee on 8/3/92) 

At the Art Commission meeting of August 3, 1992, the request 
by Fernando Hechavarria, a street artist revokee, for a new 
certificate was sent back to the Program Committee with the 
directive to draft a policy, in keeping with the City 
Attorney's advice, which would enumerate the lengths of time 
after an artist's revocation during which the Commission would 
not consider the artist's application for a new certificate, 
as well as a "final revocation" after which there would be no 
further consideration. 

The Program Director proposed that the Commission adopt a 
policy of one year between revocation and consideration of a 
revokee ' s application for new certificate: such a policy could 
provide opportunity for an artist to change for the better, 
and it would not undermine the Commission's enforcement 
posture. To grant a new certificate earlier than a year after 
revocation could tempt other artists to break the law. 

Commissioner Sklar stated she did not want to adopt a policy 
until it could could be heard by a full Committee. 

Street artist Diana Manley said that such a policy should re- 
quire "proof of change" in the revokee ' s behavior. 

Street artist Jesse Rodriguez said that he felt a year's dura- 
tion was fair. 

Street artist Edward Steneck said that, for violent crimes, 
there should be at least a year for the revocation to make 
sense . 



STREET ARTISTS PROGRAM COMMITTEE - August 12, 1992 Minutes Page 7 

Street artist Bruce Allison endorsed a year's duration and 
said that there should be a special screening of the revokee 
by the Program Committee. 

Street artist Sandra Bishop said that flexibility should be 
prescribed - for example, a duration of one to three years, so 
that the Commission could apply this on a case-by-case basis. 

Commissioner Eichelbaum moved that the Program Director draft 
and submit a policy providing for a minimum of one year 
between revocation of a street artist's certificate and 
consideration of the artist's application for new certificate 
and providing for a second revocation to be final, as well as 
other provisions just heard by the Committee from the artists; 
the motion was seconded by Commissioner Sklar and unanimously 
approved. 

VI DISCUSSION ON MAINTAINING CURRENT CERTIFICATE FEE (referred by 
Art Commission to Committee on 8/3/92) 

Commissioner Eichelbaum stated that his Committee had voted to 
reduce the fee because the law implied that if the Program had 
a surplus of funds, the fee would have to be reduced to an 
amount necessary to support the Program. 

Commissioner Sklar stated that, after the Program Committee 
meeting, the Art Commission's Finance Committee held its meet- 
ing and heard that the Street Artists Program would be accumu- 
lating some surplus money which the Commissioners now wanted 
to see used for the benefit of the street artists - as, for 
example, better identif ication-signage on the displays. 

Street artist Bill Clark stated that while the Charter and the 
ballot initiative say that the fee shall be based strictly on 
the Art Commission's management and enforcement costs of the 
street artist ordinance, he had no problem with maintaining 
the current fee in order to see what the surplus and the 
Program's finances will be for next year. 

Street artist Larry Rosenbloom presented a petition signed, he 
said, by 110 street artists during the previous three days, 
pressing concern over "how often we get to sell." He asked 
that the Commission poll the artists on how big the number of 
artists attending their lottery for spaces should be. 

Commissioner Sklar responded that the Commission's Long Range 
Planning Committee has the Street Artists Program as one of 
its priorities and is trying to evaluate the worthiness of the 
various spaces. 



STREET ARTISTS PROGRAM COMMITTEE - August 12, 1992 Minutes Page 6 

the cost would not be covered by the City's general fund but 
would be shared by - and be a burden to - the other street 
artists who, through their fees, support the Program entirely. 
He questioned whether the veteran's law applied to a licensing 
program who receives no general fund money. 

Street artist Edward Steneck stated that he had spoken to a 
number of veterans in the Program and most were appalled by 
the request. Furthermore, he did not feel that the cost of a 
street artist certificate, which, he said, was 95$ a day, 
could be a problem for any street artist. He said that the 
thought of subsidizing another street artist to be in the Pro- 
gram was disgraceful. 

V POLICY PROVIDING FOR ENUMERATED LENGTH OF TIME BETWEEN REVOCA- 
TION OF A STREET ARTIST'S CERTIFICATE AND CONSIDERATION OF 
THE ARTIST'S APPLICATION FOR NEW CERTIFICATE (referred by 
Art Commission to Committee on 8/3/92) 

At the Art Commission meeting of August 3, 1992, the request 
by Fernando Hechavarria, a street artist revokee, for a new 
certificate was sent back to the Program Committee with the 
directive to draft a policy, in keeping with the City 
Attorney's advice, which would enumerate the lengths of time 
after an artist's revocation during which the Commission would 
not consider the artist's application for a new certificate, 
as well as a "final revocation" after which there would be no 
further consideration. 

The Program Director proposed that the Commission adopt a 
policy of one year between revocation and consideration of a 
revokee ' s application for new certificate: such a policy could 
provide opportunity for an artist to change for the better, 
and it would not undermine the Commission's enforcement 
posture. To grant a new certificate earlier than a year after 
revocation could tempt other artists to break the law. 

Commissioner Sklar stated she did not want to adopt a policy 
until it could could be heard by a full Committee. 

Street artist Diana Manley said that such a policy should re- 
quire "proof of change" in the revokee ' s behavior. 

Street artist Jesse Rodriguez said that he felt a year's dura- 
tion was fair. 

Street artist Edward Steneck said that, for violent crimes, 
there should be at least a year for the revocation to make 
sense . 






STREET ARTISTS PROGRAM COMMITTEE - August 12, 1992 Minutes Page 7 

Street artist Bruce Allison endorsed a year's duration and 
said that there should be a special screening of the revokee 
by the Program Committee. 

Street artist Sandra Bishop said that flexibility should be 
prescribed - for example, a duration of one to three years, so 
that the Commission could apply this on a case-by-case basis. 

Commissioner Eichelbaum moved that the Program Director draft 
and submit a policy providing for a minimum of one year 
between revocation of a street artist's certificate and 
consideration of the artist's application for new certificate 
and providing for a second revocation to be final, as well as 
other provisions just heard by the Committee from the artists; 
the motion was seconded by Commissioner Sklar and unanimously 
approved. 

VI DISCUSSION ON MAINTAINING CURRENT CERTIFICATE FEE (referred by 
Art Commission to Committee on 8/3/92) 

Commissioner Eichelbaum stated that his Committee had voted to 
reduce the fee because the law implied that if the Program had 
a surplus of funds, the fee would have to be reduced to an 
amount necessary to support the Program. 

Commissioner Sklar stated that, after the Program Committee 
meeting, the Art Commission's Finance Committee held its meet- 
ing and heard that the Street Artists Program would be accumu- 
lating some surplus money which the Commissioners now wanted 
to see used for the benefit of the street artists - as, for 
example, better identif ication-signage on the displays. 

Street artist Bill Clark stated that while the Charter and the 
ballot initiative say that the fee shall be based strictly on 
the Art Commission's management and enforcement costs of the 
street artist ordinance, he had no problem with maintaining 
the current fee in order to see what the surplus and the 
Program's finances will be for next year. 

Street artist Larry Rosenbloom presented a petition signed, he 
said, by 110 street artists during the previous three days, 
pressing concern over "how often we get to sell." He asked 
that the Commission poll the artists on how big the number of 
artists attending their lottery for spaces should be. 

Commissioner Sklar responded that the Commission's Long Range 
Planning Committee has the Street Artists Program as one of 
its priorities and is trying to evaluate the worthiness of the 
various spaces. 



STREET ARTISTS PROGRAM COMMITTEE - August 12, 1992 Minutes Page 8 

Street artist Eunice Rodriguez stated that she has been in the 
Program for 16^ years and has never had a problem getting a 
selling space. There is a recession to consider which has af- 
fected the Program as it has all business. 

Mr. Clark stated that while there are many street artists who 
do not want to see more artists in the Program, the law does 
not give the Commission authority to limit their number. 

Street artist Bruce Allison said that the Program should main- 
tain a surplus of funds to cover any shortfall or to use for 
administrative reasons. 

Commissioner Eichelbaum moved that the July 8, 1992 Program 
Committee recommendation to reduce the street artist fee be 
rescinded and that the current fee of $87.50 per quarter or 
$350 per year be maintained; the motion was seconded by 
Commissioner Sklar and unanimously approved. 

VII REQUEST BY FORMER CERTIFICATE-HOLDER FOR WAIVER OF 10 -DAY POL- 

ICY ON PURCHASING CERTIFICATE 

Giselle Downard - On June 9, 1992 the Art Commission approved 
Ms. Downard for priority in issuance of certificate, but she 
exceeded the policy of allotting ten working days to pay for 
her certificate, as she went out of town. Commissioner Sklar 
moved that the 10-day policy be waived to enable Ms. Downard 
to purchase her certificate; the motion was seconded by 
Commissioner Eichelbaum and unanimously approved. 

VIII NEW BUSINESS 

A. Auxiliary Spaces. Street artist Bill Clark proposed that 
when the Committee considers new spaces, as the upcoming hear- 
ing on Christmas spaces, the Committee should consider 
recommending a number of "auxiliary spaces" which would be oc- 
cupied only when a certain number of artists attending the 
lottery for spaces is reached. He asked that this be 
calendared for the next Program Committee meeting. 

B. Grants for the Arts. Street artist Robert Clark asked that 
the Commission write to Grants for the Arts for the Street 
Artists Program. 

Commissioner Eichelbaum moved that the meeting be adjourned; 
the motion was seconded by Commissioner Sklar and unaimously 
approved. The meeting adjourned at 5:55 p.m. 

Respectfully submitted: 

Howard Lazar & 

Director 

Street Artists Program 




City and County ot 
San Francisco 




sf- 



25 Van Ness Avenue 

Suite 240 

San Francisco, Ca 94102 



"SF Vt% C 



*v\r^f55 



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STREET ARTISTS PROGRAM COMMI 

September 9, 1992 

Art Commission Conference Room 

Suite 70 

25 Van Ness Avenue 

San Francisco, California 



te ©OCUMPmts DEPT. 

OCT 1 1992 

SAN FRANCISCO 
PUBLIC LIBRARY 



S^M 



N U 



Commissioners present: Daniel Genera, Stanley Eichelbaum, Genny 

Lim 



Commissioners absent: 



Barbara Sklar 



Commissioner Genera, Chairman, called the meeting to order at 
4:08 p.m. 

Commissioners Genera and Eichelbaum welcomed Commissioner Lim as 
a member of the Committee. 

I AUTHORIZATION FOR DIRECTOR OF CULTURAL AFFAIRS TO REQUEST 

RECREATION- PARK COMMISSION TO CONTINUE ITS AUTHORIZATION FOR 
STREET ARTISTS TO SELL IN JUSTIN HERMAN PLAZA DURING 1993 

Program Director Lazar explained that Justin Herman Plaza 
was designated twenty years ago by the Board of Supervisors 
as a street artist selling area, but because it fell within 
the jurisdiction of a commission, it required the approval 
of that commission - in this case, the Recreation-Park 
Commission. Until this year, a group of street artists who 
sell regularly at the Plaza would write to the 
Superintendent of Recreation for each of the past twenty 
years, requesting permission to use the Plaza; the 
Superintendent would respond in writing with permission. 
This year, however, the artist who last wrote to Rec-Park 
said she no longer wanted to continue doing so and asked 
that the Art Commission write to Rec-Park on behalf of the 
artists . 

Commissioner Genera moved that the Director of Cultural 
Affairs be authorized to request the Recreation-Park Commis- 
sion to continue its authorization for street artists to 
sell in Justin Herman Plaza during the year 1993; the motion 
was seconded by Commissioner Eichelbaum and unanimously 
approved. 

II HEARING ON PROPOSAL BY PROGRAM DIRECTOR FOR BOARD OF SUPER- 
VISORS DESIGNATION OF TEMPORARY SELLING SPACES FOR STREET 
ARTISTS IN DOWNTOWN AREA FOR CHRISTMAS SEASON, 1992-93 



Program Director's Proposal: the same spaces approved 



STREET ARTISTS PROGRAM COMMITTEE - September 9, 1992 Page 2 






by Board of Supervisors last year (Res. 981-91) with 
the exception of 12 spaces on Market Street (south side) 
2nd to 1st Streets, and 7 spaces on Sutter Street (3 on 
south side, 4 on north side by BART entrance) at Market 
Street; total number requested: 52; duration of temporary 
usage: November 15, 1992 - January 15, 1993 (same time 
period designated as for the last two years). 

Program Director Lazar stated that for the second 
consecutive year his proposal for Christmas spaces did not 
include any new spaces; in fact, the current proposal 
deleted 4 spaces by the BART entrance on Sutter Street due 
to Citicorp's protest several months agao when these 4 were 
being considered for permanent designation. In addition, 
the current proposal deleted 12 spaces on Market Street (by 
the Chevron building) and 3 spaces on Sutter Street (south 
side) at Market Street, as these have been submitted by the 
Commission to the Board of Supervisors for permenent 
designation. 

The Program Director went on to report that 35 merchants and 
organizations in the Downtown-Union Square area had been 
notified of today's meeting, and Mr. Edward Lawson, 
Executive Director of the Union Square Association, had been 
sent the maps of last year's spaces. Mr. Lazar spoke with 
Mr. Lawson about the current proposal, and Mr. Lawson, he 
said, had expressed no opposition. In addition, Mr. Lazar 
received a telephone call from Mr. Jon Handlery, Vice Presi- 
dent and General Manager of the Handlery Union Square Hotel, 
who expressed his thanks to the Art Commission and the 
Program Director for showing much consideration and 
sensitivity to the merchants by not proposing any new 
Christmas spaces. 

Commissioner Genera reported that he, too, had spoken with 
Mr. Lawson and also with Mr. Walter Finch, Executive 
Assistant of BOMA, and neither had expressed objection to 
the proposal. 






., 



It was noted that no store merchants or representatives o 
the Downtown-Union Square area were present. 

Commissioner Genera moved that the Program Director's 
proposal for street artists in the Downtown area for the 
Christmas season of 1992-93 be approved and submitted to the 
Board of Supervisors; the motion was seconded by 
Commissioner Eichelbaum and unanimously approved. 



STREET ARTISTS PROGRAM COMMITTEE - September 9, 1992 Page 3 

III REQUESTS BY FORMER CERTIFICATE-HOLDERS FOR PRIORITY ISSUANCE 
OF CERTIFICATE 

A. Barbara Pope - Certificate # 3846 expired on February 8, 
1992; Ms. Pope's request for priority was received by the 
Program on August 6, 1992. Ms. Pope submitted letters 
doctors verifying the condition of her daughters which 
necessitated Ms. Pope's leaving the Programseven months 
before. She asked that the Commissioners keep the 
contents of the letters confidential. She further stated 
that, if approved for a new certificate, she would sell 
only that which had already been approved by the 
Commission. 

Commissioner Genera moved that Ms. Pope's request for 
priority issuance of certificate be approved; the motion 
was seconded by Commissioner Eichelbaum and unanimously 
approved. 

Commissioner Genera moved that a re-screening of Ms. 
Pope's wares be waived; the motion was seconded by 
Commissioner Lim and unanimously approved. 

B. Douglas Merritt - Certificate # 3535 expired on July 30, 
1991; Mr. Merritt' s request for priority was received by 
the Program on August 21, 1992. Mr. Merritt appeared. 
Commissioner Eichelbaum moved that Mr. Merritt 's request 
be approved; the motion was seconded by Commissioner Lim 
and unanimously approved. 

C. Darlene Pyeatt - Certificate # 4195 expired on August 8, 
1992; Ms. Pyeatt' s request for priority was received by 
by the Program on September 8, 1992. Commissioner Genera 
moved that Ms. Pyeatt 's request be approved; the motion 
was seconded by Commissioner Eichelbaum and unanimously 
approved. 

D. Lucinda Page - Certificate # 4076 expired on August 13, 
1992; Ms. Page's request for priority was received on 
September 9, 1992. Commissioner Genera moved that Ms. 
Page's request be approved; the motion was seconded by 
Commissioner Eichelbaum and unanimously approved. 

E. Chuck Penticoff - Certificate expired on September 24, 
1983; Mr. Penticoff 's request was received on September 
8, 1992, along with his application for a new certificate 
dated "July 30, 1992." 

Commissioner Lim stated that since the waiting period for 
an applicant for a certificate was only three months 



STREET ARTISTS PROGRAM COMMITTEE - September 9, 1992 Page 4 



long, Mr. Penticoff should wait in line. Commissioner 
Genera, as well, did not feel that priority should be 
granted in this case, as ten years had gone by since the 
expiration of Mr. Penticoff ' s certificate. Commissioner 
Eichelbaum, however, stated that Mr. Penticoff 's having 
been a street artist should be considered. 

Commissioner Genera moved that Mr. Penticoff 's request 
for priority be disapproved; the motion was seconded by 
Commissioner Lim. The Committee voted on the motion, as 
follows: Aye - Genera, Lim; No - Eichelbaum. 

Mr. Penticoff told the Committee that he had placed his 
recent application in the mail last July but had 
forgotten to put the Art Commission's address on the 
envelope, and it had been returned to him. He could pro- 
duce the envelope for the Committee. The Commissioners 
acknowledged that had the Program received his 
application in July, he would be scheduled for a 
screening of his wares and certification at the end of 
October . 

Commissioner Lim moved to rescind the previous motion; 
the motion was seconded by Commissioner Genera and 
unanimously approved. 

Commissioner Lim moved that Mr. Penticoff' s request for 
priority issuance of certificate be approved contingent 
on his submission of his original envelope as evidence of 
his having submitted application in July, 1992; the 
motion was seconded by Commissioner Genera and 
unanimously approved. 

IV NEW BUSINESS 

A. Priority certification of former certificate-holders. 

Street artist Robert Clark asked that, at some time in 
the future, the policy on granting priority issuance of 
certificate to former certificate-holders be calendared 
for review and discussion. 






„ 



October, November, December meetings. As the schedules o 
the Commissioners could not accommodate the next 
regularly scheduled Committee meeting, the Chairman 
stated that there would be no meeting in October, and 
that the next meeting would be scheduled for Wednesday, 
November 11th. This meeting, he said, would be comprised 
of hearings on alleged street artist violations. 



STREET ARTISTS PROGRAM COMMITTEE - September 9, 1992 Page 5 



The Chairman further stated that for the December 
meeting the Committee would hear introductory 
presentations of two proposals submitted by street 
artists Robert and William Clark: (a) a proposal for 
designating, when necessary, certain "auxialiary" spaces 
to be used by the artists only when their lottery for 
spaces reaches a specific, large number of participants; 
and (b) a proposal for a "punch card system" to be used 
by the Lottery in assigning spaces. 

C. Number of certificate-holders. Street artist Larry Rosen- 
bloom asked that the Commission do a survey of the street 
artists' opinion on how many artists should be in their 
Program. He also asked that the Commission "keep an 
open mind" in monitoring the lottery size in order to 
consider slowing down the screening of applicants for 
certificates. Mr. Rosenbloom volunteered to do the 
survey himself. He also asked that the Commission allow 
for street artist involvement in the design of their 
signange as proposed recently by the Commission's Finance 
Committee. 

In response to Mr. Rosenbloom' s statements, street artist 
William Clark asserted that the number of participants at 
the lottery would be reduced if his "punch card system" 
were adopted. Furthermore, he stated that a surplus of 
fee revenue will not be known until the end of the fiscal 
year, and this will depend on how many applicants show up 
for their screenings during the year and how long they 
stay in the Program; therefore, to consider lowering the 
number of certificate-holders was not appropriate. Mr. 
Clark went on to say that he felt that what the 
Commission was doing was "to leave things as they are" in 
order to see how much surplus money the Program will 
accumulate in six months. 

The meeting adjourned at 5:07 p.m. 

Respectfully submitted: 



9^i*w/ 




Howard Lazar 

Director 

Street Artists Program 



I 



::- 



* 




yan Ness Avenue 

e 240 
li Francisco, CA 

02 

15)554-9671 
15)621-3868 FAX 



XSRAMS 
c Art Collection 
c Design Review 
nmunlty Arts 
d Education 
'S Concerts 
lie Art Program 



3 70 

et Artists Licenses 

i) 554-9677 

House 

Mason Center 

dingC 

Francisco, CA 

23-1382 

885-1194 



ery 

; Grove Street 
I ) 554-9682 



DOCUMENTS DEPT. 

NOV 6 1992 

SAN FRANCISCO 
PUBLIC LIBRARY 



STREET ARTISTS PROGRAM COMMITTEE 

Thursday, 'Wovember 12, 1992 
4:00 p.m. 

Art Commission Conference Room 
25 Van Ness Avenue 
Suite 70 (basement area) 
San Francisco, California 

AGENDA 



I REPORT BY PROGRAM DIRECTOR ON STREET ARTISTS PROGRAM 

A. Screening/licensing procedures 

B. Space assignment procedures 

C. Violation hearing procedure; penalties for violations 

D. Major achievements during 1991-92 

E. Status of Art Commission requests for selling spaces 

1) Christmas spaces (52) 

2) Harvey Milk Plaza spaces (8) 

3) Market Street, south side, Sutter to Sansome 
(12); Sutter Street, south side, at Market (3) 

G. Issues of the Street Artists Program (from 7/1/92 
Long Range Planning Committee meeting) 

II REQUEST BY APPLICANT FOR POSTPONEMENT OF SCREENING AND 

CERTIFICATION 

A. Norbert Kozma - request for postponement to October, 
1993. 



Ill REQUESTS BY FORMER CERTIFICATE-HOLDERS FOR PRIORITY IN 
ISSUANCE OF CERTIFICATE 

A. Luzviminda Garbin - Certificate § 4058 expired September 
16, 1992; request for priority was received by office 

on November 4, 1992. 

B. Richard Burke - Certificate # 3945 expired September 
8, 1991; request was received November 3, 1992. 




IV NEW BUSINESS 



I 



^y and County of 
ii Francisco 




! Van Ness Avenue 

ie 240 

ij Francisco, Ca 94102 



& r 



S 5F /Jr/j G.-*Ws5W 



\\\ 



STREET ARTISTS PROGRAM COMMITTEE 

November 12, 1992 

Art Commission Conference Room DOCUMFNTS DEPT= 
Suite 70 1QQO 

25 Van Ness Avenue DEC 3 199d 

San Francisco, California 



^ 



\ 



MINUTES 



SAN FRANCISCO 
PUBLIC LIBRARY 



Commissioners present: Aristides Demetrios, Terri Simon, Liza 

Zenni 



Commissioners absent: 



Genny Lim 



Commissioner Demetrios, Chairman, called the meeting to order at 
4:10 p.m. and asked Program Director Howard Lazar to report on 
the procedures of the Program as well as the status of various 
proj ects . 

I REPORT BY PROGRAM DIRECTOR ON STREET ARTISTS PROGRAM 

Program Director Lazar welcomed the Commissioners to the 
Committee and explained in detail the following procedures: 
screening of wares/licensing of the artists; selling-space 
assignment procedures (street artist lotteries); violation 
hearing procedure and the Art Commission's standard 
penalties for violations of the street artist ordinance. 

The Program Director listed the Program's major achievements 
during the previous fiscal year: (1) The Program reached its 
20th year and celebrated this anniversary with a 
photographic exhibit sponsored by the Airports Commission 
and running for four months at the San Francisco 
International Airport; (2) Mayor Agnos issued a proclamation 
recognizing the cultural and economic achievements of the 
street artists and designating November 1, 1991 as "STREET 
ARTISTS DAY IN SAN FRANCISCO"; (3) the Program was awarded a 
special exhibition area in the Harvest Festival, the 
nation's largest indoor crafts show, with 10 street artists 
receiving "Street Artist of the Year" awards for their 
exceptional skills and free booth space to exhibit and sell 
their crafts; (4) last year was the 10th consecutive year in 
which the Program requsted and received from the Board of 
Supervisors additional temporary selling spaces for the 
artists during the Christmas season; (5) the Program 
requested and received 2 permanent - and prime - selling 
spaces in the most profitable location for the artists at 
Fisherman's Wharf: Beach Street at Hyde; and (6) the Program 
continued to license - and, in effect, provide jobs for - 
480 street artists during the year. 



STREET ARTISTS PROGRAM COMMITTEE - November 12, 1992 Page 2 



The Program Director reported on the status of the following 
three projects, requests from the artists for additional 
spaces : 

Christmas spaces - For the 11th consecutive year, the 
Board of Supervisors and the Mayor approved the Art 
Commission's request for temporary selling spaces during the 
Christmas season in the Downtown area. For this season, 51 
spaces were approved and will be available for use from 
November 15, 1992 to January 15, 1993. 

Harvey Milk Plaza spaces - The Commission's Director of 
Cultural Affairs, Joanne Chow Winship, has spoken and written 
to the Public Utilities Commission's General Manager, Thomas 
Elzey, requesting his reconsideration of the Art Commission's 
request for 8 permanent spaces (4 in the upper level, 4 in 
the lower level) at Harvey Milk Plaza, and is awaiting his 
reply. 

Market Street, south side, Sutter to Sansome; Sutter 
Street, south side, at Market - On November 2nd, Mr. Lazar 
and five street artists negotiated with representatives of 
the Chevron Building, First Market Tower (housing Pacific Gas 
and Electric), and the Flatiron Building in a meeting 
conducted by Executive Director Carolyn Diamond of the 
Greater Market Street Development Association, and the 
following compromise was reached: 3 of the Art Commission's 
requested 12 spaces adjacent to Chevron and PGE would be 
eliminated, 5 of the remaining 9 would be requested for 
designation for 6 months subject to review by the Board of 
Supervisors, and the remaining 4 spaces would be requested as 
additional temporary Christmas spaces; the 3 spaces requested 
near the Flatiron Building would also be for Christmas (with 
strong possibility for future permanency); and, lastly, a 
"hold harmless" clause for the management and owners of the 
buildings adjacent to the spaces would be added to the resol- 
ution. Mr. Lazar re-drafted the resolution, with the help of 
the City Attorney, and submitted it as an amendment of the 
whole for a hearing before the Board of Supervisors' City 
Services Committee scheduled for November 17th. If all goes 
well, these designations should be available to the artists 
by December 1st. 

Mr. Lazar stated the major recommendations summarized by the 
Commissioners at the Commission's Long Range Planning 
Committee's review of the Street Artists Program on July 1, 
1992 (from the Committee's minutes): 



STREET ARTISTS PROGRAM COMMITTEE - November 12, 1992 Page 3 



1) "Rather than lowering the fee or granting rebates, give 

the artists more than a selling space for their money." 
(Signage had been discussed for the artists' displays in 
order to clearly identify them from the displays of 
illegal vendors. In addition, the Commission had 
recently approved the usage of street artist fees to fund 
the Police Department in enforcing the street artist 
ordinance in the Downtown area this Christmas season - 
primarily to enforce the law against the influxes of 
illegal vendors who obstruct the sidewalks, sell 
unauthorized goods, and penalize the licensed artists and 
store merchants who are required to pay taxes and other 
expenses . ) 

2) "The Advisory Committee" (of Street Artists and Craftsmen 
Examiners) "must take the initiative to define the 
'quality' of work screened into the Program." 

3) "Some statistics are needed, e.g.,: How many of the total 

selling are really the best artists? What percentage of 
the artists are represented in different craft media? 
What item is most in demand by the public that is sold by 
the street artists?" 

4) "When asking the Board of Supervisors for more spaces, 

try the approach of trading non-viable selling spaces for 
new ones, rather than asking for more and more." 

5 ) "Look into future spaces in the newly developed Yerba 
Buena area. " 

II REQUEST BY APPLICANT FOR POSTPONEMENT OF SCREENING AND 

CERTIFICATION 

A. Norbert Kozma - request for postponement to October, 1993. 
Commissioner Zenni moved that Mr. Kozma ' s request for 
postponement be approved; the motion was seconded by 
Commissioner Simon and unanimously approved. 

III REQUESTS BY FORMER CERTIFICATE-HOLDERS FOR PRIORITY IN 

ISSUANCE OF CERTIFICATE 

A. Luzviminda Garbin - Certificate #4058 expired September 
16, 1992; her request for priority was received by the 
Program office on November 4, 1992. Commissioner Zenni 
moved that Ms. Garbin 's request be approved; the motion 
was seconded by Commissioner Simon and unanimously 
approved. 



STREET ARTISTS PROGRAM COMMITTEE - November 12, 1992 Page 4 



B. Richard Burke - Certificate #3945 expired September 8, 
1991; his request for priority was received by the 
Program office on November 3, 1992. Mr. Burke told 
the Commissioners that he inadvertently let his 
license expire last year, that his wife had a baby, 
and that "the attendant pre-natal care and maternity 
expenses prevented me from re-applying until now" for 
a license. He also asked, should he be granted 
priority, that the requirement of re-screening his 
wares be waived since he would be selling the same 
items and he wished to participate in the Christmas 
selling season as soon as possible. Street Artist 
Edward Steneck spoke about the high quality pf Mr. 
Burke's dyed and silkscreened clothing. Commissioner 
Simon moved that Mr. Burke's request for priority be 
approved with waiver of screening of his craft; the 
motion was seconded by Commissioner Zenni and 
unanimously approved. 

Ill NEW BUSINESS 

Chairman Demetrios invited the artists attending to express 
their views on the Program. 

Lower-Number-of-Artists Issue. Street Artist James Mi lard 
asked that, whenever any new policy change is to be 
considered, the Program Director print the proposal as a 
flyer to be districuted among the artists at their lotteries 
and then, while on street inspection duty, to sample the 
opinion of each artist. Mr. Millard also raised the issue of 
the number of license-holders in the Program and said that 
there were only 65 prime selling spaces at the Wharf, while 
the lotteries attracted 200 participants on the weekend: he 
wanted to see the Program send out fewer notices to new 
applicants for screening and licensing of their wares. He 
added that the Program requires only 400 artists to balance 
its budget. In response to a question put forth by Chairman 
Demetrios, Mr. Millard said he participates in the lottery 
and sells every Friday and weekend. 






Street Artist Larry Rosenbloom stated that the Program 
Director should consider the size of the lottery before 
sending out notices to new applicants. He added that since 
there was no longer the pressure to balance the Program's 
budget, the number of applicants for each screening should 
be lowered. 

Program Director Lazar clarified that while 60 to 70 



STREET ARTISTS PROGRAM COMMITTEE - November 12, 1992 Page 5 



applicants are notified each month, only 15 to 20 appear for 
their screening, and, of these, not all are approved. At the 
same time, they replace roughly the same number of 
license-holders who drop out of the Program each month. The 
number of artists, therefore, has been maintained at 480 - 
500 throughout the past 12 months. Mr. Lazar went on to say 
that it was important for the Program to continue with the 
present number of artists in order to maintain the surplus 
of fees necessary to cover the costs of the signage 
requested by the Commission and the special Police 
enforcement for this winter and - if this is cost-effective 
for next summer as well. (In addition, it was vital to 
hold in reserve enough funds to cover at least one month's 
operational costs in an emergency.) 

In response to a question put forth by Commissioner Zenni, 
Mr. Lazar said that it would be possible to implement Mr. 
Millard's flyer-survey suggestion. 

Chairman Demetrios clarified that any proposal from an 
artist should come first to his Committee who would then 
consider authorizing the Program Director to implement a 
flyer and survey in order to report the information to the 
Committee . 

Lottery. Street Artist Edward Steneck stated that he and 
the majority of the artists were adamant against changing 
the present lottery space-assignment procedure. He said he 
knew of only two artists who wanted to do so. 

Renewal Procedure. Commissioner Zenni said that the 
Committee may wish to consider strengthening the license 
renewal policy, so that persons who allow their licenses to 
lapse for three months would not necessarily be boosted 
above the waiting list of applicants for a new license. 

Enforcement/ Funding for Enforcement. Street Artist James 
Millard stated that he did not see the necessity for 
spending the Program's funds on Police enforcement; he said 
Mr. Lazar 's inspection duty on the streets for just two days 
a week was a sufficient deterrent against illegal vendors. 

Commissioner Simon responded that it was the unlicensed 
vendors who were taking money away from the street artists, 
and that what was needed was someone who has the authority 
to remove them and make them stay away. 

Both Street Artists Edward Steneck and Larry Rosenbloom told 



STREET ARTISTS PROGRAM COMMITTEE - November 12, 1992 Page 6 



told the Commissioners that they would be willing to pay a 
much higher license fee to cover the cost of Police enforce- 
ment against the illegals and to let the number of 
license-holders drop. Mr. Steneck said he would pay $600 a 
year for this. 

Street Artist Kristina Peterson said she would be willing 
to pay $30 more in fees if it meant she could get more 
opportunity for spaces. 

Commissioner Zenni moved that the meeting be adjourned; the 
motion was seconded by Commissioner Simon and unanimously 
approved . 

The meeting adjourned at 6:05 p.m. 



Respectfully submitted 



Howard Lazar 

Director 

Street Artists Program 




t1 13k 






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STREET ARTISTS PROGRAM 



^ 



DOCUMENTS DEPT 

COMMITTEE p EC Q 3 ^^ 



Wednesday, December 9, 1992 
4:00 p.m. 



Art Commission Conference Room 
Suite 70 (basement area) 

25 Van Ness Avenue 
San Francisco, California 



SAN FRANCISCO 
PUBLIC LIBRARY 



A 



N 



HEARING TO CONSIDER REQUESTING BOARD OF SUPERVISORS TO 
REDESIGNATE FOR ANOTHER SIX MONTHS TWO SELLING SPACES 
FOR STREET ARTISTS ON BEACH STREET, NORTHWEST CORNER, 
AT HYDE STREET 

(NOTE: As per Board of Supervisors Resolution No. 940-91, 
the above two spaces were designated on October 28, 1991 
subject to review by the Board every six months, begin- 
ning in May of 1992 and ending in May of 1993. The purpose 
of such reviews are to determine whether or not the two 
designations endanger the public, result in congested 
pedestrian traffic in the immediate area, or threaten the 
continuation of City permits of any other and, especially, 
any pre-existing permit-holders in the immediate area. 
On July 14, 1992, the Board of Supervisors, in Resolution 
No. 618-92, redesignated the two spaces for six months.) 



II REPORT BY PROGRAM DIRECTOR ON STATUS OF REQUESTS FOR SELLING 
SPACES 

A. Market Street, south side, Sutter to Sansome Streets; 

Sutter Street, south side, at Market Street - 12 spaces. 



B. Harvey Milk Plaza - 7 spaces 



III REQUEST BY APPLICANT FOR POSTPONEMENT OF SCREENING 

A. Arleen Scoggins - request for postponement until 
October, 1993. 



IV 



NEW BUSINESS 



[ 






ly :.nd County of 

n Francisco ^«* f— 










\* 



12- * 



/■ 



I*** 



STREET ARTISTS PROGRAM COMMITTEE 

December ^, 1992 

Art Commission Conference Room 



Van Ness Avenue 
ite 240 
n Francisco, Ca 94102 



Suite 70 

25 Van Ness Avenue 

San Francisco, California 

N MINUTES 



DEC 3 1992 

SAN FRANCISCO 
PUBLIC LIBRARY 



Commissioners present: Aristides Demetrios, Terri Simon, Liza 

Zenni 



Commissioners absent 



Genny Lim 



Staff present: Director of Cultural Affairs Joanne Chow Winship 

Director of Street Artists Program Howard Lazar 

Commissioner Demetrios, Chairman, called the meeting to order at 
4: 00 p.m. 

I REPORT ON SPECIAL LAW ENFORCEMENT SERVICE (S.F.P.D.) FOR 
STREET ARTISTS PROGRAM 

Program Director Lazar reported that an officer of the San 
Francisco Police Department, whose time was being paid for 
by the street artist certificate fees as per Art Commission 
resolution, commenced enforcing the street artist ordinance 
in the Union Square area today. The officer, Kirk 
Brookbush, telephoned Mr. Lazar at 1:30 p.m. to report that 
he had verified that all street artists were in their legal 
locations, had seen their lottery space-assignment slips, 
had found a former street artist selling and had confiscated 
his certificate whose date had been forged, and had cited 
and confiscated the merchandise of an unlicensed vendor who 
sold foam rubber antlers - all this during Brookbush' s first 
two hours on assignment. Mr. Lazar asked him to keep a log- 
book and to receive a copy of it at the end of the project. 
Sharing the days of the assignment with Brookbush will be 
two other officers. 

The Program Director further reported that, in the course of 
a conversation he had with the Police Department's 
accountant who is handling the Art Commissi .on 1 3 work order 
for this special enforcement, it was discovered that the 
Police Department's original cost estimate included a 22.6% 
overhead charge which was not supposed to be levied on 
"sister agencies" but on outside companies like motion 
picture companies. With the removal of this charge, 
therefore, the project will cost not $5,100 but $4,200. 



Mr. Lazar also reported that in his recent draft of next 



STREET ARTISTS PROGRAM COMMITTEE - December 8, 1992 Page 2 



year's Program budget he included $10,000 to cover the costs 
of the Police Department's Special Law Enforcement Services 
to enforce the ordinance on weekends during summer at Fish- 
erman's Wharf and almost daily during the Christmas season 
in the Downtown-Union Square area. 

In addition to the current special enforcement, the Program 
Director, at the request of the Commission's Finance 
Committee, asked the Reproduction Bureau to print 8^ x 11" 
card stock signs bearing the words (in bold): "STREET ARTIST 
Licensed by San Francisco Art Commission" to be displayed by 
the artists. This will help the Christmas buyers to readily 
discern the legal artists from the illegal vendors. 

Street Artist Bill Clark asked that the Street Artists 
Program look into whether it can receive a portion of the 
fines paid by illegal vendors cited by the officers hired by 
the Program. 

Commissioner Demetrios noted that, with the $900 savings in 
the work order with the Police, it would be beneficial to 
apply this money to random Police inspections over the next 
few months. This would send a message out to the streets 
that the Art Commission was maintaining its vigilance 
throughout the year. 

Commissioner Zenni moved that Art Commission Resolution No. 
1102-92-433, authorizing an amount not to exceed $5,100 from 
the Street Artists Program to fund the Police Department for 
enforcing the street artist ordinance during December, 1992, 
be modified to extend the Police Department's enforcement of 
the street artist ordinance to the end of the current fiscal 
year; the motion was seconded by Commissioner Simon and 
unanimously approved. 

II HEARING TO CONSIDER REQUESTING BOARD OF SUPERVISORS TO RE- 
DESIGNATE FOR ANOTHER SIX MONTHS TWO SELLING SPACES FOR 
STREET ARTISTS ON BEACH STREET, NORTHWEST CORNER, AT HYDE 
STREET 

Program Director Lazar showed the Commissioners a map of the 
street artist spaces on Beach Street and explained that, as 
per Board of Supervisors Resolution No. 940-91, two 
additional spaces were designated on the northwest corner of 
Beach Street, at Hyde, on October 28, 1991, subject to 
review by the Board every six months, beginning in May, 
1992, and ending in May, 1993. The purposes of the reviews 
are to determine whether the two designations endanger the 






STREET ARTISTS PROGRAM COMMITTEE - December 8, 1992 Page 3 



public, result in congested pedestrian traffic in the immed- 
iate area, or threaten the continuation of City permits of 
any other and especially any pre-existing permit-holders in 
the immediate area. On July 14, 1992, the Board of 
Supervisors, in Resolution No. 618-92, redesignated the two 
spaces for six months. 

The Program Director reported that during and after last 
summer he received no complaints or reports of problems in 
reference to the two spaces. The pre-existing 
permit-holder Stanley Roth whose hot dog stand is opposite 
the spaces was notified of this hearing. Also notified was 
the Executive Secretary of the Fisherman's Wharf Merchants 
Association, Alessandro Baccari. Mr. Roth and Mr. Baccari 
were not present. 

Commissioner Zenni moved that the Board of Supervisors be 
requested to redesignate for another six months the two 
selling spaces for street artists on Beach Street, northwest 
corner, at Hyde Street; the motion was seconded by 
Commissioner Simon and unanimously approved. 

Ill REPORT ON STATUS OF REQUESTS FOR SELLING SPACES 

A. Market Street, south side, Sutter to Sansome Streets; 
Sutter Street, south side, at Market Street - 12 spaces. 

The Program Director reported that these spaces were ap- 
proved by the Board of Supervisors and signed into law by 
the Mayor. For the Christmas season, there are now 12 
additional spaces for the artists to use, and 5 of these 
will continue in use for 6 months and are subject to 
re-negotiation. 

B. Harvey Milk Plaza - 7 spaces. The Program Director 
thanked Director of Cultural Affairs Joanne Chow Winship 
for her effort in convincing Public Utilities Commission 
General Manager Thomas Elzey to calendar the Art 
Commission's request before his Commission. The PUC staff 
recommended 7, rather than the requested 8, spaces, and 
recommended a temporary use period of December 1, 1992 
through February 28, 1993, rather than the requested 
permanent designation. The staff recommendation was 
approved at the PUC meeting on November 24th. Mr. Lazar 
submitted the item to Supervisor Hallinan for immediate 
adoption by the Board of Supervisors; the Board approved 
it unanimously on December 7th. The item was now await - 
ing the Mayor's signature. 



STREET ARTISTS PROGRAM COMMITTEE - December 8, 1992 



Page 4 



IV REQUEST BY APPLICANT FOR POSTPONEMENT OF SCREENING 

A. Arleen Scoggins - request of postponement until October, 
1993. Commissioner Zenni moved that Ms. Scoggins 1 
request be approved; the motion was seconded by 
Commissioner Simon and unanimously approved. 

V NEW BUSINESS 



A. Discussion on new policies re: certificate renewal and 
granting priority for new certificates to former certif- 
icate-holders. Commissioner Demetrios stated that he 
wished to strengthen the Commission's policies on 
certificate renewal and the granting of new certificates 
to former certificate-holders, above the waiting list of 
applicants. He wanted to see new policies proposed, 
then taken to the artists for a consensus, and their 
opinion reported back to the Committee. 

Commissioner Zenni said that the Committee would have to 
look into whether it is fair for an artist who allows 
their certificate to expire - even for health or other 
major reasons - to be given priority issuance of a new 
certificate . 

Program Director Lazar said that for the past year the 
waiting list for certificates has been only two months. 
Considering that a request for priority takes about a 
month and a half for Committee and Commission action, it 
was, for many cases moot as to whether they were 
entitled to priority issuance. The Committee, he said, 
may wish to consider a policy of priority issuance 
related to the current backlog of applicants - for 
example, cases of priority requests would not be heard 
if the backlog were only two or three months long. 

Commissioner Demetrios said that he wanted to obtain a 
consensus from the artists as to what was fair. 

Street artist Bill Clark told the Commissioners that 
when the Program started, it was the intent of the 
artists to have only a quarterly certificate to enable 
any artist to take time off and come back and receive a 
new certificate. He felt that if an artist dropped out 
for three months, the artist should be allowed to return 
automatically to the Program so long as the artist would 
be selling the same items that were initially approved. 
He did not feel it was fair to former 



STREET ARTISTS PROGRAM COMMITEE - December 8, 1992 Page 5 



certificate-holders to have to plead their requests for 
priority issuance before the Commissioners. 

Commissioner Zenni said that the view received by the 
Committee from the artists who attended the previous 
iuonth ' s meeting was that there were too many artists in 
the Program whop restricted the opportunity of obtaining 
viable selling spaces. These artists recommended that 
the Commission lower the number of artists and raise the 
fees to make up the income. 

Mr. Clark responded that it was a group of artists who 
are able to sell seven days a week and want to see the 
number of artists drop, and that number would be 
comprised primarily of those artists whose crafts neces- 
sitate time away from the streets for their creation. 
The question, then, would remain: Who would be the ones 
left in the Program? He went on to say that originally 
the artists' lottery was set up when it was understood 
that all artists had to spend two or three days a week 
in their workshops creating their crafts, and the avail- 
able selling spaces, therefore, would be shared evenly. 
Now, however, a group of artists - primarily beadstring- 
ers - whose craft allows them to sell every day are 
driving out the very people who had established the 
Program and its lottery system. Mr. Clark said that the 
Committee may wish to consider a proposal he had submit- 
ted previously: the Commission could ask for additional 
selling spaces that would, by law, be available for use 
only on days when the lottery attendance exceeded a cer- 
tain number. 

Commissioner Demetrios asked that his Committee be sent 
the text of the street artist ordinance and major 
relative opinions of the City Attorney, as well as a 
memorandum from Mr. Lazar giving his interpretation of 
what the Commission can and cannot do under the present 
street artist law. Mr. Lazar said he would furnish 
these . 

Commissioner Demetrios stated that for next month's 
agenda he wanted to calendar a hearing on proposals for 
policy on priority issuance of certificate and a discus- 
sion on the Art Commission's powers under the current 
street artist ordinance. In the future - February or 
March - the Committee would deal with other issues. 



STREET ARTISTS PROGRAM COMMITTEE - December 8, 1992 



Page 6 



B. Requests by former certificate-holders for priority 
issuance of certificate (requests received after pub- 
lication of agenda): 



1) Eve Mendelson - Certificate # 4204 expired August 28, 
1992; request received December 1, 1992. According 
to Ms. Mendelson 's letter, she had inadvertently let 
her certificate expire because she thought she had 
paid for it for a year, as she had done previously. 

Commissioner Simon stated that artists who do not 
look at the expiration date of their certificate 
cause more work for staff and Commissioners; she, for 
one, would like to see a more stringent policy on 
priority issuance which would save time in the long 
run and would allow the Commission to spend time on 
more important issues. 

Commissioner Demetrios stated that he would recommend 
in his Committee Report at the next meeting of the 
full Commission that Ms. Mendelson 1 s request be 
disapproved. 

Commissioner Zenni asked that Ms. Mendelson be 
informed of what will be recommended, and that she be 
sent an application for a new certificate. 

2) Penny Valle - Certificate # 3785 expired April 8, 
1992; request received December 2, 1992. Ms. Valle 
had submitted a letter from a medical doctor who ver- 
ified Ms. Valle 's illness and requested consideration 
for her. Commissioner Demetrios said he would recom- 
mend to the full Commission that Ms. Valle' s request 
be approved. 

The meeting adjourned at 5:20 p.m. 

Respectfully submitted: 

Howard Lazar 

Director 

Street Artists Program